Facebook Restores User Account Named After His Second Life Avatar - Here's How He Did It

Facebook seems to be bending its just-announced policies prohibiting the use of game character names for Facebook profiles -- at least in the case of Toysoldier Thor, which is the Second Life avatar name of a guy actually named Scott in real life. However, after getting his account suspended, Scott sought the intercession of Sister Roma, a famed San Francisco drag queen who has been helping Facebook improve its real name policy. After I blogged about this last month, Scott contacted Sister Roma with lots of supporting evidence:

"It seems Facebook NOW just wants ample proof that your name in Facebook is clearly used widely and consistently as a well known/used identity for the person," Scott tells me. "And I provided that with my screen shots of over 10 sites where I used Toysoldier Thor."

Scott did this through Sister Roma about 6 weeks ago, and frankly, I was skeptical he would succeed, primarily because Sister Roma herself told me "Your [Facebook] user name should reflect the name you are known by as use in your everyday life, on- and offline.” So it seemed that showing that your Twitter/Instagram/etc. accounts also bore the same name wouldn't cut it for Zuckerberg's crew.

However, Sister Roma is known for doing wonderful things, and in this case, at least, she did for Scott:

"Sister Roma got my appeal in front of them," Scott tells me. "Once they saw how many other online websites my Toysoldier Thor account was used as my identity and that I have trademarked my name as a brand, they agreed. Before Sister Roma, I was not able to even show them all the other accounts my name is used on. Their support team totally ignored me. Then when I e-mailed Sister Roma with all the details and all my evidence of the 10+ other sites my identity is used on, they read my appeal when it came from Sister Roma."

And with that, Facebook restored Mr. Thor -- and even apologized for suspending him in the first place (see below):

When Scott says he "trademarked" his avatar name, by the way, it wasn't through an official government registration:

"Anyone can trademark a brand by simply placing a TM behind the name they are convinced they are the first to have created and use. Nothing is registered with a trademark... At least that is how I understand it works in Canada and that I have used in my other business for one of my products I sell in stores." Note: I can't vouch for the accuracy of this statement, especially outside of Canada.

In any case, "Toysoldier Thor" is back on Facebook, interacting as a fully operational account. It's still unclear if this is an exception to the social network's rules, and other avatar names won't get the same benefit, but Mr. Thor says Sister Roma says you can ask for her help too. "Feel free to send your friends my way," as she put it. Here's how to do just that. 

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Comments

[Laetizia Coronet]

Just ditch Facebook altogether. http://www.france24.com/en/mediawatch/20150331-facebook-tracks-you-even-you-not-user/?aef_campaign_date=2015-03-31&aef_campaign_ref=partage_aef&dlvrit=65413&ns_campaign=reseaux_sociaux&ns_linkname=editorial&ns_mchannel=social&ns_source=twitter

[Toysoldier Thor]

Thanks James.

In case anyone is thinking of TM'ing their avatar, they should research it themselves or seek legal advice. I am not expert - its just how I did it based on my research. A TM is an "Unregistered Trademark" and it has benefits as well as limitations depending on what you need. A Registered Trademark (with the circled R) is expensive but holds much more legal power. I am sure you all can look them up on Wiki or elsewhere to learn more.

In the end, I don't even know if the TM was a big factor as FB never told me the reason why they agreed with my appeal. I suspect it has more to do with how many online sites my avatar ID is used. But I am only guessing.

[Ajax Manatiso]

But of course if you put TM after any name and it turns out someone else has already registered that name, you have a potential lawsuit on your hands. For more info http://www.uspto.gov/trademarks-getting-started/trademark-basics

I also don't see what the problem is with Facebook. I have not had any problem with my avi Facebook account nor has my 300+ SL friends on Facebook

[zz bottom]

Europeans are being advised by their governments to not use Facebook and for once i agree.

[brandon]

Facebook hates avatars that it cannot connect to RL identities. You are useless to them unless they can make advertiser money from you and advertisers want DEMOGRAPHICS (aka your personal information)

If you have something in your Facebook account that you could not bear to loose - like the email addresses and photos of friends - you need to back it up and be prepared to get social someplace else.

Watch the recent F8 video.Virtual reality is interesting to Facebook because you will BELIEVE what you see. Imagine what advertisers can do with that.

Oh, and get your loved ones off Facebook. http://saintsal.com/facebook/

[Phoenix Psaltery]

Not breaking news: Facebook has long offered an option to designate an account name as a "Fictional Character," which may not be an ideal solution for some of you but at least will keep the Zuckerites from closing your account.

- P2

[Josie]

People are still on Facebook? haahaaahaa. Seriously?