Earlier this week, AT&T reported a massive outage that affected customers across the country.
“Some of our customers are experiencing wireless service interruptions this morning. We are working urgently to restore service to them,” AT&T said in a statement at 11:15am ET on Thursday, per CNN. “We encourage the use of Wi-Fi calling until service is restored.”
Service later returned—but that didn’t stop internet users from making jokes about the situation.
One such internet user was TiKTok creator @drestoopidd. In a now-deleted video that has since been reposted by other accounts, the creator performs a skit in which he is an AT&T employee being accosted by disgruntled customers.
In the video, the TikToker wears a shirt emblazoned with the AT&T logo while two people badger him about the service outage. The people repeatedly voice their concerns to him, while the TikToker answers with things like, “We’re having an outage — do you know what an outage means?” and “Y’all can call corporate, Obama, Trump, Biden, whoever y’all want to!”
While the skit was initially successful, @drestoopidd says that the success was short-lived, as soon after he posted the skit, AT&T gave him a “trademark claim” on his video.
“I was happy, excited, proud of all the new supporters and love I was getting on this new skit,” he explains in a follow-up. “But y’all can see it’s a trademark claim. AT&T found the video. They told TikTok they want it down; I guess TikTok listened to them.”
“That’s crazy, because the video is a skit. Entertainment purpose only,” he continued.
As the video progresses, the TikToker reveals that he had the video monetized, paying him $1.29 per thousand views. As the video had around 17 million views, the TikToker says he expected a fairly major payday following the video’s success.
@wtsnxt6 Howd yall feel about the outage?😤🤯#2024 #outage #at #fypシ゚viral #fy #viral #trending #tiktok #challenge #karen #angry @Drestoopid🔥🤟🏿 ♬ original sound – WTSNXT
“But they took all that,” the TikToker says, referring to AT&T. Later, he adds, “They took everything — the money, everything.”
While parody is covered under the First Amendment, unauthorized use of a trademark, such as the AT&T logo, appears to have been the source of the company’s issues with his video.
“Trademark infringement occurs when the unauthorized use of a trademark creates confusion or dilutes the brand’s distinctiveness, potentially harming the trademark owner’s rights,” explains a page from Lawdit Solicitors. “Trademarks serve as crucial identifiers of the source and quality of goods or services, contributing to consumer trust and preventing deception. Therefore, protecting trademarks is essential to maintain a fair and competitive market.”
The site goes on to note that courts consider factors like consumer confusion, impact on the original trademark’s commercial value, and the parody’s transformative nature before deciding whether a parody is legally protected. Parodies that clearly mark themselves as satire, don’t harm the original trademark’s market, and offer transformative commentary are more likely to be considered fair use and protected. In this case, it would appear that AT&T is arguing that the TikToker did not meet these requirements.
@drestoopidd Any suggestions 🤦🏾♂️💯? #fyp #foryou ♬ original sound – Drestoopid🔥🤟🏿
In the comments section, users shared their thoughts on the TikToker’s situation.
“Was wondering about that when I seen they logo on the shirt,” said a commenter.
“Bro you got An At&t shirt on in one of them skits, of course they flagged you,” offered another. “You dont represent there business.”
“You hurt they feelings smh that’s lame.. they need to run ya coins back,” stated a third.
The Daily Dot reached out to AT&T and @drestoopidd via email.
