In everyday life, we often come across such concepts as “pseudonym”, “nickname”, which are a type of a broader category that unites them as “name”. “Name” is a universal identifier that serves to individualize subjects and allows them to be distinguished from each other.
In this article we will try to answer the question - is it necessary and whether it is possible to protect pseudonyms and nicknames.
A nickname (from the English “nickname”) is a “diminutive name” that is most often used for communication on various websites, as well as for individualizing user accounts on social networks.
A pseudonym is a fictitious name that can also be used on Internet networks when reporting any results of intellectual activity.
In this case, we are not talking about objects of intellectual property, but about subjects of relations in the field of intellectual property, which also seems important, since we often encounter cases of outright fraud on popular Internet sites, when unscrupulous users create sites on social networks with similar nicknames, and therefore can cause harm to their real owners.
As for the pseudonym, things are much worse. Pseudonyms can also be assigned by scammers and used for profit - for example, in creative or entrepreneurial activities we often encounter similar violations.
Therefore, many representatives of creative professions or entrepreneurs are faced with the question of individualizing themselves and their creativity and protecting their interests from attacks and unfair attitudes of other entities.
General rules regarding the use of a name are presented in Art. 19 of the Civil Code of the Russian Federation, which states that a name is necessary to identify subjects participating in civil transactions and a name received at birth and changed during life is subject to state registration. At the same time, the possibility of changing the name is announced with the need to notify all counterparties. The article also states that the use of pseudonyms is permitted in specified cases.
However, a name or pseudonym cannot be used without the consent of the bearer by other persons in creative, entrepreneurial or other activities. Also, the use of a name or pseudonym with the consent of the bearer is not allowed if it misleads third parties regarding the identity of citizens, and is also aimed at abuse of law.
Harm caused to a citizen as a result of the unlawful use of his name is compensated according to the rules of compensation for moral damage due to harm, protection of honor, dignity and business reputation.
In Art. 1265 of the Civil Code of the Russian Federation outlines special regulation regarding pseudonyms, which explains the author’s ability to act under a fictitious name, which is the content of the author’s personal non-property right to the name.
