‘Deaf Talent’ trademark dispute leads to fears that deaf creatives may no longer be able to use hashtag or term

Over the last decade or so, referring to ‘Deaf Talent’ or using the hashtag has become a natural and common way of encouraging and recognising deaf creatives’ skills and achievements on social media.

And the idea of someone owning a commonly used hashtag or term, or for there to be restrictions on using it, is something that most people on social media would find hard to imagine.

However, a trademark dispute has led to fears that deaf people will no longer be able to use the term or the hashtag – on social media or otherwise.

And there are serious implications as a result of this. In the last two days, we understand that the UK group Deaf Talent Collective has been suspended from Twitter due to a trademark dispute over the group’s name.

Deaf Talent Collective has built up a strong reputation in the film and media industry in recent years for connecting television producers with talented and diverse deaf actors and other crew. Many deaf actors have got roles in mainstream dramas and films as a result.

However, the group was suspended from Twitter two days ago after a complaint about infringement of trademark from Jade Bryan, who first created the hashtag in 2012 and trademarked it in America in 2019.

Bryan is a filmmaker and activist based in New York, who is known as @DeafShowRunner on Twitter. Her website declares:

Clothing bearing the term, as well as a TV company, appear on the site, which also indicates consultancy work under the name.

The website says that individuals, non-profits, or profit-making organisations would need to pay a fee in order to use the term ‘Deaf Talent’ or the hashtag.

The stated restrictions on use of the term appear to be wide-ranging. The website also states:

The #DeafTalent® Trademark may not be used in any print/online publication, online news or media publications, unless a licensing agreement can be arranged with the owner.

It’s also stated on the site that the original use of the hashtag was to raise awareness of Black Deaf talent and POC (People of Colour) and that other associated hashtags which make this clear are also covered under the trademark registration:

In 2012, [Bryan] started the Deaf Talent® Movement (#DeafTalent®) to raise awareness  for those who are Black and POC, including those with other intersectional identities, (LGBT+) who have been systematically boxed out of the Film and Television industry.

The suspension of Deaf Talent Collective from Twitter became clear when Bryan sent out this tweet on Thursday:

Meanwhile across the ocean, Twitter and Instagram finally took down Deaf Talent Collective social media accounts. My lawyer get involved. Can you they blocked me? @DeafTalentMedia @DeafTalent @Jade_Films #DTMEC #BIPOCPDeafPlatform @thatdeafgirlkj, pah! Thanks for your support. pic.twitter.com/yNTSFZ1Uss

— Jade Bryan, #DeafTalent® Media Maven🇯🇲 (@DeafShowRunner) October 14, 2021

Since then, Deaf Talent Collective (DTC) has not been seen on Twitter, which was one of the main ways deaf actors’s achievements are publicised. This has caused shock and dismay in the UK deaf acting and artistic community.

In the U.K., deaf actors have been responding to the news:

Kelsey Gordon, a deaf actor, said on Twitter:

They have supported and thrived for those amazing deaf talents in the ‘UK’. The amount of opportunities and recognitions they have given us deaf talents, AMAZES me and made so much difference in such a short amount of time! They have grown and we shall grow with them! 2/2

— Cherie (@cheriegordon_x) October 16, 2021

Alim Jayda, an Indian/English hard of hearing actor and presenter, said:

DTC have made some wonderful achievements in spotlighting deaf poc and ensured they are the faces of the company and getting jobs out and about in the industry. We cannot lose them. It’s heartbreaking that all deaf creatives are being erased because they are being told by someone in the US that they cannot use certain words. Deaf Talent Collective has been making incredible strides to amplify the deaf creative community and the British deaf community are incredibly united with them and what they are doing. The damage this is causing, an already oppressed minority, is more than she realises.

Jean St Clair, a deaf actor, writer and BSL consultant said:

“DTC is a great platform for ‘Deaf Talent’ in the UK. Others should focus on developing and nurturing ‘Deaf Talent’ rather than trying to shut it down. The term ‘Deaf Talent’ should not be owned by anyone worldwide but for all to use it freely.”

Nadia Nadarajah, a South Asian Deaf actress and presenter, said:

“From my point of view, DTC has really helped deaf colour of actors grow more, especially since some Deaf actors don’t have agents, so DTC supports them. Twitter is our best network for casting in the UK and DTC ticks all the boxes they need.”

We will continue to monitor this situation and bring you updates as they arise.

By Charlie Swinbourne, Editor.