Tell Twitter and Instagram to Restore ThaGataNegrra's Account
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Alternative hip-hop artist ThaGataNegrra established her Twitter account in December 2007, when the platform had barely begun, and enjoyed using it to connect to people and potential fans and clients. She'd built a good following, and her account suddenly was, in the early summer of 2017, suspended indefinitely due to an ex and rival continuing a years-old smear-and-cyberbullying campaign against GATA, accusing her of impersonation and of being an "impostor". The rival had, years prior, unsuccessfully tried to get GATA's Twitter removed for the same reason, but this time she succeeded due to having, in late 2016, trademarked a tagline ("Tha True Original Gata" or "True Original Gata") ThaGataNegrra had been using for many years to market herself.
The rival had made it so that Twitter couldn't tell which person was which, even though GATA made it quite clear that she was not the person guilty of impersonation or infringement the first time, presenting her state ID with her legal name on it when asked, among other things.
Twitter says it will not restore ThaGataNegrra's account, although the infringement wasn't official on-paper until 2017, and was only so due to the rival filing the trademark in September, 2016. GATA had been using the tagline for years prior to the filing. The rival went so far as to say on the filing that she is a rapper, but this is not the case. Meanwhile, ThaGataNegrra has two full album releases as a rapper for 3 Miles Entertainment, both of which have been released globally and some of the songs from the first release have been featured on Hulu Original show "East Los High".
In this digital age, it is clear that social media, especially Twitter, plays an important part in marketing brands. The Twitter handle has become as ubiquitous as a first name. This was done to GATA to purposely hurt her, her brand and her credibility, and we, her fans, find this unacceptable.
If the President of the United States can allegedly violate the Twitter Terms of Service and remain on Twitter, and if Twitter is truly an equal platform, GATA should be allowed to have her Twitter restored to, at the very least, change the tagline so that it doesn't continue to violate the Twitter rules. Other than that, there was nothing on her Twitter bio or within her tweets to say that she is or is implying that she is the rival, or that her account is the "official" account of the rival. In fact, the notice GATA received states she was in violation of their Impersonation Policy which states:
An account will not be removed if:
The user shares your name but has no other commonalities, or
The profile clearly states it is not affiliated with or connected to any similarly-named individuals.
Accounts with similar usernames or that are similar in appearance (e.g. the same avatar image) are not automatically in violation of the impersonation policy. In order to be impersonation, the account must also portray another person in a misleading or deceptive manner.
There aren't and never were any pictures of the rival. None of her logos, branding or usernames indicated she was the rival. The rival's real name was never used. The only "commonality" was the tagline the rival had trademarked in 2016. GATA was simply marketing her own Twitter, and should be able to continue to do so.
We are asking for ThaGataNegrra's Twitter account to be restored, and all her followers restored, in exchange for the tagline and any offending tweets or hashtags removed from the platform, as said tagline is the only thing that is in violation of the ToS and Impersonation Policy, and, again, wasn't in violation until the trademark was filed in 2016.
Since the same is true with Instagram, who took down ThaGataNegrra's account in May 2017 for the same reason (her account was established and in good standing since 2012), we would also ask that it restore ThaGataNegrra's account and allow her to continue to use it as well if she removes the tagline from her bio and hashtags.
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