WebProNews

Tag: Trademarks

  • Apple Never Trademarked ‘One More Thing’, Apparently

    Apple Never Trademarked ‘One More Thing’, Apparently

    At big product events, right before unveiling something at the very end, Apple CEOs – first Steve Jobs and now Tim Cook – have used a certain phrase.

    You’ve probably heard of it.

    One more thing…

    That phrase is pretty much linked to Apple at this point – except not legally.

    Patently Apple discovered that the phrase “One More Thing” has recently been patented in the UK – but not by Apple. Apparently, Swiss watchmaker Swatch owns the trademark.

    According to the database, Swatch registered the trademark in May of this year.

    So, what’s Swatch going to do with it? Who knows. Let’s cross out fingers for an ad campaign. Or maybe, Swatch just grabbed it to keep Apple from having it. Classic.

    Anyway, this begs the question – how the hell did Apple not have that trademarked?

    Apple doesn’t even have the phrase trademarked in the US. The only live trademark that the USPTO has on record for “One More Thing” belongs to Tucanos Acquisition Company, and was registered in October of 2011.

  • Taylor Swift Is Reportedly Going After Etsy Sellers

    Taylor Swift Is Reportedly Going After Etsy Sellers

    If you’re thinking about painting “party likes it’s 1989” on a coffee mug and trying to sell it on Etsy, you might want to reconsider.

    Taylor Swift, or more specifically, Taylor Swift’s lawyers, are reportedly going after sellers on Etsy with cease and desist orders for trademark infringement. If you haven’t heard, Taylor Swift has a bunch of trademarks.

    According to BuzzFeed, this has been going on for some time – but has intensified as of late. They quote one Etsy store owner, who says that they were shocked when they received an email one day.

    “We originally made the item for fun, we love Taylor and we had friends that love Taylor. We never intended for it to be a profit making item. The cost of the item covered shipping costs, and production costs with very little left over,” they said. “When we got the e-mail that the trademark infringement occurred, we were pretty shocked because while our item was popular we didn’t feel as if it had become popular enough to cause harm to Taylor Swift’s empire. We were shocked. And we were scared. We didn’t even make enough money for a lawyer and this had seemed like such a harmless and fun idea.”

    As more proof, BuzzFeed points to a listicle they made a while back feature 15 Taylor Swift-themed Etsy products. Only three of those are still available.

    Hi, Tokyo!

    A photo posted by Taylor Swift (@taylorswift) on

    Etsy has refused to comment on the specific matter of Taylor Swift merchandise, but has issued this rather generic statement on their sitewide policies:

    Because of privacy and legal concerns, we can’t verify specific information about who contacts us. However, I can share more information about our copyright and intellectual property policy:

    When a seller opens a shop and lists an item on Etsy, they are agreeing to our terms of use, including trademark guidelines, and copyright and IP policy. We take intellectual property and copyright concerns very seriously, and we comply with the DMCA and remove items when we have proper notice. When we are notified about allegedly infringing material, we act swiftly and in compliance with our policy

    A search for Taylor Swift products on Etsy returns plenty, so it’s unclear exactly how aggressive Taylor Swift’s lawyers are acting with these takedown requests.

    Image via Taylor Swift, Instagram

  • ‘Bolt’ CEO Kindly Asks Facebook to Not Take Their Name

    You may have heard that the Facebook-owned Instagram is possibly launching a Snapchat competitor – a one-tap photo messaging app likely called Bolt. I know there’s a lot of doubt built into that sentence, and that’s because the evidence for said launch has been sparse at best.

    Even so, outlets are reporting that Instagram Bolt is a real thing and likely to launch soon. Despite the obvious questions like Why? and Can Facebook actually create a standalone app that people want to use?, the company is now facing another issue. A legal one.

    Turns out, there’s already an app called Bolt – and it’s a messaging app. And in an elegant and incredibly level-headed blog post, Bolt CEO Andrew Benton kindly asks Instagram (Facebook) to reconsider its choice of name.

    “We know it’s a great name, because we chose it last year when we set out to build a better mobile voice and messaging experience,” he writes. “We’ve worked really hard since then building the Bolt brand and technology to where it is today. Please don’t destroy all that effort.”

    Benton then takes a “don’t make us sue you” stance, a we really don’t want to go through this, so please just don’t argument:

    It wasn’t too long ago that you were the little guy. I know you haven’t forgotten how hard it is to build something from nothing. And not just technology, but a brand and distinct identity for yourself. Imagine how it would have felt if Google or Apple or Facebook had launched a photo-sharing app called Instagram in 2011.

    We’ve been using the Bolt name in the mobile messaging market for a year, and technically we have to “police our mark”, otherwise we risk losing it.

    We don’t want a legal battle over this, and we think it’s not too late for you to consider an alternate name before launch. I have a whole list of names we brainstormed last May that I’d be happy to share.

    Please do the right thing, and choose an alternate name.

    Benton claims that Bolt users are already confused, and some have asked if the company is being acquired.

    According to TechCrunch, ‘Bolt’s trademark application is currently pending.

    Image via Bolt

  • Google Is Trying to Trademark the Word ‘Glass’, Currently Having Some Issues

    Google is attempting (and currently failing) to trademark the word ‘Glass’, in reference to their Google Glass wearable tech. Most of you will probably find joy in half of that statement. The United States Patent and Trademark Office is currently holding up their application for the trademark, citing a couple of main objections. “That’s effing stupid” not being one of them, unfortunately.

    From The Wall Street Journal:

    In a letter to the company last fall, a trademark examiner raised two main objections. One concern was that the trademark was too similar to other existing or pending computer software trademarks that contain the word “glass,” creating a risk of consumer confusion.

    The examiner also suggested that “Glass” — even with its distinctive formatting — is “merely descriptive.” Words that simply describe a product don’t have trademark protection under federal law — “absent a showing of acquired distinctiveness.” For example, a company that makes salsa couldn’t trademark the term “spicy sauce.”

    Basically, the USPTO is telling Google that ‘Glass’ isn’t enough of a thing on its own to merit a trademark–it’s just descriptive of the Google Glass device. Google can make the logo look as futuristic as they want, but at least right now, the USPTO isn’t buying that ‘Glass’ should be Google’s.

    Recently, Google’s lawyers responded to the USPTO, in a 1,928 page letter. Before you say “holy hell, there’s no way there’s that much to say about why ‘Glass’ should be trademarked,” you’re absolutely right. According to the WSJ, the vast majority (about 1,900 pages) are just examples of articles about Google Glass.

    Google’s goal here, obviously, is to bury the USPTO’s first objection, that the trademark would create consumer confusion. Google is basically saying “look, everyone in the world already associates ‘Glass’ with our product.”

    Of course, Google could just call it ‘Google Glass’, because they already have that one on lockdown. Apparently, it has to be just ‘Glass’. No word on whether or not Google is trying for the TM on ‘Glasshole.’ Might wanna lock that one up too.

    As of right now, Google lists ‘Glass’ as one of their trademarks.

    I don’t want to misplace all of my frustration. Let’s throw some at the patent system in general. Google is just doing what all companies do–cover all of their bases. It’s a predatory world out there, and Google is just doing what companies have to do these days. That doesn’t make the whole thing any less stupid, mind you, but there you go.

    On the other hand, trademarking (or attempting to trademark) works like ‘Glass’, ‘Face’, ‘Book’, and even ‘Apple’ is some weak shit. It’s infuriating, in fact. What do you think?

    Image via Robert Scoble, Google+

  • Bang with Friends, Zynga Settle Trademark Suit

    Casual hook-up app Bang with Friends is probably not going to be called Bang with Friends for much longer, as it has reached a settlement with Zynga that will involve a “rebranding” effort.

    “Zynga Inc. and Bang With Friends, Inc. are pleased that they have reached an amicable resolution of their dispute,” a Zynga spokesperson told AllThingsD. “Although the terms of the settlement are confidential, Bang With Friends, Inc. acknowledges the trademark rights that Zynga has in its WITH FRIENDS marks and will be changing its corporate name and rebranding its services in the near future.”

    Back in July, Zynga filed a lawsuit against Bang with Friends, claiming trademark infringement. They said that the app, which allows people to find Facebook friends that want to “hook up,” anonymously, knowingly infringed upon their games – which include Words with Friends, Chess with Friends, Hanging with Friends, Gems with Friends, and Scramble with Friends.

    The Zynga spokesperson also pointed in the direction of a new site, TheNextBang.com.

    “The next Bang with Friends is coming,” says the barebones sites. It also offers an email signup list. “Here come the best invention since yoga pants – let’s get down.”

    The word “down” is emphasized here, because it already has some significance in the world of Bang with Friends. Last month, Bang with Friends finally returned to Apple’s App Store after being banned for months – but the app returned with a bit of rebranding. It was simple called “Down.”

    No word yet on what the new Bang with Friends app will be called. As of right now, BangWithFriends.com still exists, as does the Android app (under the name Bang with Friends).

    Images via Bang with Friends, The Next Bang

  • Facebook’s Timeline Lawsuit Must Go to Trial

    A U.S. District Court Judge has ruled that a lawsuit between Facebook and Timelines.com will in fact go to trial, after denying Facebook’s notion that the trademark-infringement lawsuit should be killed due to overly-generic trademarks.

    Back in October of 2011, fresh off of unveiling the new Timeline profiles at the f8 conference, Facebook was sued by Timelines.com – a site that lets users create chronological historical records. The site, which launched in 2009, claimed that Facebook was infringing on their trademark with their new “Timeline” feature.

    A few months later, Facebook countersued. They claimed that the term “timeline” is generic, citing the fact that a Google search of the term yields nearly 200 million results.

    “Given the generic or at least merely descriptive nature of the term ‘timeline’ when used to identify chronologies of events and related information (or tools for their creation), as well as the prior and widespread use of the term by third parties, Counterdefendant does not own exclusive rights in the term ‘timelines’ as used in connection with timeline creation and collection services,” said Facebook.

    Now, a Judge has ruled that the trial must go on, saying that Facebook has “failed to demonstrate, as a matter of law, that the marks are generic.”

    He claims that Timelines.com has “millions of dollars invested in its business and more than a thousand active users,” and that it’s reasonable to believe that “timelines” has its own specific meaning to Timelines.com users.

    A couple of months ago, Facebook updated investors on the situation, saying:

    “We believe the claims made by the Timelines plaintiffs are without merit, and we intend to continue to defend ourselves vigorously. Although the outcome of litigation is inherently uncertain, we do not believe the possibility of loss…is probable.”

    The trial is set to kick off April 22nd.

    [Above image is Timelines.com’s Facebook Timeline]

  • EFF Joins r/Gaymers’ Fight Against Trademark Holder

    EFF Joins r/Gaymers’ Fight Against Trademark Holder

    One reddit community, with the help of the Electronic Frontier Foundation, is taking on a trademark holder who they say was wrongfully granted a trademark registration for a term that belongs in the public domain.

    Gaymer is a broad term used to describe members of the LGBT community, who also happen to be avid gamers. The terms has been around since the early 90s, according to the EFF.

    r/gaymers is a subreddit with over 21,000 subscribers. There, members of the gaymer community discuss games, host video chats, schedule multiplayer sessions – you know, gamer stuff. A lot of the content posted to r/gaymers doesn’t necessary have to do with gaming – some of it centers on the LGBT experience. They’ve been under attack from Chris Vizzini, “gaymer” trademark owner and operator of the website gaymer.org. He sent a cease and desist letter to r/gaymers back in August of 2012, requesting that reddit “cease and desist any further use of gaymer in association with reddit’s services and requested that reddit respond to the letter by assuring Registrant of reddit’s compliance with the terms of the letter.”

    Instead of complying with that request, members of r/gaymers lawyered up and now they have the EFF on their side, who have filed a petition against Vizzini’s registered trademark on the “gaymer” term.

    You can check out the full petition here.

    Vizzini has taken to reddit (about 4 months ago, around the time of the cease and desist letter) to defend his position:

    As a trademark and word mark holder, it’s my responsibility to defend the marks, otherwise I could lose them.

    I started Gaymer.org in 2003 and began to build Gaymer as a brand. Thats why I trademarked and word marked the name. At that time, there was only one other site around dedicated to gay gamers. I have spent countless hours and thousands of dollars on Gaymer.org. I have done so gladly as it’s brought happiness to many people.

    I have received many nasty emails and comments on my site, not to mention what’s been said on the reddit site.

    I cannot stress this enough. I have no problem with other gay gaming sites. I think it’s great others exist. The only problem I have is when the Gaymer name is used. That infringes on the word mark. A perfect example of this is gaygamer.net. Its a great website for gay gamers but does not use “gaymer” in its name therefore I have no problem.

    He went on to say that he didn’t want the r/gaymer subreddit removed, just renamed.

    Member or r/gaymer and the EFF don’t buy it, however.

    “This registration should never have been granted,” said EFF Intellectual Property Director Corynne McSherry. “Gaymer is a common term that refers to members of this vibrant gaming community, and we are happy to help them fight back and make sure the term goes back to the public domain where it belongs.”

    And here’s what r/gaymer mod ozuri had to say in a lengthy post:

    Personally, I rely on intellectual property law for my livelihood. I work in video games and my career benefits directly from the existence and enforcement of trademark and copyright law (though I am acting here simply as an individual and do not represent my company in any fashion). So I’m not someone who is anti-intellectual property protection. For me, digital IP protection is about not penalizing creative people in the digital space simply because they lack the ability to protect their ideas the same way they can in the physical world. I also believe that spurious claims like the one asserted by gaymer.org undermine the legitimacy of the system and give breath to a vocal group of individuals who believe that the system is inherently broken.

    Second, reddit is not a haven for trademark infringement. They will not protect you if you infringe a trademark. But this case isn’t about infringement, it’s about harassment and the enforcement of an illegitimately granted trademark. Specifically, we believe that an entity should not be allowed to co-opt a group’s identity for personal enrichment, power, or ego.

    So the actions we have taken are not because we don’t believe in intellectual property protection. They are because we believe the term “gaymer” is a word that should remain in the public domain, free for use and not “owned” by any particular individual or organization.

    It’s an interesting case, as it appears that reddit’s LGBT gaming community isn’t backing down. What do you think about the trademark? Should the term “gaymer” be able to be registered?

  • “FUS RO DAH” Trademarked by ZeniMax Media

    We all know, or should know, the pleasure of FUS RO DAH-ing a frost troll off High Hrothgar. Now ZeniMax Media is trademarking the famous dragon shout.

    In several trademark applications filed on April 4th ZeniMax Media, Inc., the parent company of Bethesda, the game development studio which created The Elder Scrolls V: Skyrim, filed multiple trademarks for the words “FUS RO DAH” for use on just about any merchandise that it could conceivably be printed on.

    The six patents filed each cover specific types of merchandise:

    • Toys and action figures; playing cards, dice, and board games; bobble-head dolls; sporting equipment
    • Entertainment services, namely, providing on-line interactive computer games and providing information relating to electronic computer games via the internet
    • Computer game software for use with computers and video game consoles; downloadable computer game software offered via the internet and wireless devices; cell phone cases; downloadable cell phone ringtones; digital tablet cases; smart phone cases; mouse pads; eyeglass cases; head phones
    • Computer and video game user instruction manuals; magazines, books, and pamphlets concerning video games; computer and video game strategy guide books and magazines; trading cards, maps, posters, advertisement boards of paper or cardboard, art prints
    • Bags, namely, backpacks, duffel bags, knapsacks, book bags, athletic bags, and cosmetic bags, sold empty
    • Clothing, namely, T-shirts, shirts, sweatshirts, fleece pullovers; headwear, namely, hats

    Will we see any of this merchandise in the near future, or is ZeniMax just covering its bases and making sure nobody else is making money off of their products? I, for one, would love to see a Skyrim board game or table-top RPG. Or a dragon-shouting Dovahkiin action figure with interchangeable duel-wield weapons and collectible dragon bones.

    It’s understandable that ZeniMax and Bethesda would want to lock this trademark down so that they can market all types of Skyrim merchandise using the famous phrase. However, the dragon shout itself has entered pop culture in a big way since Skyrim’s release last year, and the game’s fan base has really claimed the shout as its own. Here’s hoping ZeniMax doesn’t use its new trademarks to tamp down on creative projects such as this one, posted to YouTube by Corridor Digital:

  • Test Your Company’s Intellectual Property Awareness

    Test Your Company’s Intellectual Property Awareness

    A new online tool can help small companies and entrepreneurs evaluate their awareness of intellectual property and learn how to protect it. The National Institute of Standards and Technology’s Manufacturing Extension Partnership (NIST MEP) and the U.S. Patent and Trademark Office (USPTO) teamed up to create the IP Awareness Assessment, available at no charge at www.uspto.gov/inventors/assessment/.

    Intellectual property is a key concern of small businesses owners, who can secure significant competitive advantages by exercising the rights they hold to their innovations. However, many individuals are often unaware of their rights and miss the opportunities they can provide.

    “Understanding and protecting IP is an important step along the path of bringing innovations to the marketplace,” said Under Secretary of Commerce for Standards and Technology and NIST Director Patrick Gallagher. “We hope this tool will help companies and individuals better navigate the process and become more competitive.”

    The full assessment comprises questions on five IP protection categories—utility patents, trademarks, copyrights, trade secrets and design patents. Five general IP categories are also covered: IP strategies and best practices, using technology of others, licensing technology to others, international IP rights and IP asset tracking. The questions presented in each category have been designed to discover the participant’s overall IP awareness.

    “This Administration is committed to supporting innovative business tools, which help drive U.S. technological leadership worldwide and support a 21st century economy that is built to last,” said Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos. “The IP Awareness Assessment Tool will help entrepreneurs turn their ideas into reality and bring them to market faster, thereby creating jobs more quickly, too.”

  • Judges Say No To “CrackBerry”!

    Some Good news for BlackBerry branded product makers Research in Motion (RIM), the Trademark and trial appeal board has ruled that a gadget site cannot trademark the name, “CrackBerry”. Apparently, RIM requested that the trademark not be granted after the interested party argued its case based on a past dog toy maker who won the rights to use “Chewy Vuitton,” an obvious play on the brand “Lois Vuitton”.

    The Judges ruling over the board offered this explanation:

    “The public at large initially adopted the term “CrackBerry,” as a nickname for opposer’s goods, alluding to the widely-held view that users of BLACKBERRY wireless handheld devices often appear to be addicted to their device.”

    “The “CrackBerry” moniker for BLACKBERRY branded products had already achieved dictionary status as a slang term dating to the year 2000, and had then been selected “Word of the Year” (2006) by the staff of Webster’s New World Dictionary.”

    This win was a bit of good news in an otherwise cloudy sky for Research in Motion, whose users have been jumping ship more and more to go over to either Apple or Android products.

    Content director of InformationWeek Reports, Lorna Garey explains:

    “IT pros still like BlackBerry devices,”

    “They like the security and manageability of the platform. But end users have largely spoken, and Apple and Android devices are the future, unless RIM ‘s new CEO institutes some bold changes.”

  • iPads Should Be Pulled From Shops, Lower Chinese Court Says

    Apple’s legal battle with Proview over the iPad patent got a little more troubling for the company today as a lower Chinese court ruled that stores in China should stop selling iPads. While this ruling may only affect the Guangdong province, which is close to the southern coast of the country near Hong Kong, Proview, which is based in China, has 40 other lawsuits going on in other cities throughout China to halt the sales of iPads.

    Apple argues that it purchased the worldwide rights to the iPad trademark from Proview but that Proview is now refusing to honor the agreement in China. Proview, alternately, still claims ownership to the trademark and, in addition to trying to halt the sales of the iPad in China, are seeking $2 billion from Apple in the U.S. courts as a means of compensation for Apple’s alleged trademark infringement.

    In a statement released on Monday, Apple maintained that its case is ongoing in mainland China and it has submitted an appeal to Guandgong’s High Court against an earlier decision in favor of Proview. In the statement, Apple spokeswoman Carolyn Wu reiterated Apple’s claim that it purchased the trademark for ten countries several years ago from Proview and a court in nearby Hong Kong has previously sided with Apple.

    Thus far, iPads have only been pulled from stores on a city-by-city basis as there has been no national action on the trademark dispute. Given that the iPad 3 will be landing as soon as next month, Apple will undoubtedly be looking to hasten the legal process toward a resolution as quickly as possible. However, given the process of rulings-and-appeals-and-more-rulings, don’t be surprised if this continues to drag on for the foreseeable future.

    Previous woes resulting from the dispute with Proview have sent Apple’s shares stumbling a bit, but no significant losses appear to be happening today – yet. Last week, Apple’s shares took a small tumble after news of a ruling in favor of Proview in Shenzhen hit the wires, but Apple shares seem to have slightly recovered and leveled off as of writing this. Then again, all Apple needs to do is shake down another tidbit of iPad 3 info from the rumor tree and their stocks will likely boom again.

    Also, if there’s one thing Apple knows, it’s that you don’t put anything between Apple products and Chinese consumers and they’ve got the resources to continue this fight as long as needed.

  • Porn Company Vivid Threatens Legal Action Over HTC’s New Smartphone

    The brand new HTC Vivid smartphone boasts a dual-core processor, a 4.5 inch super LCD display and 4G LTE. And according to a high-profile porn producer, it’s a trademark violation.

    Vivid Entertainment Group, the U.S. porn studio that brought you the Kim Kardashian sex tape, has sent a cease a desist letter to HTC. It claims that their new phone infringes upon their trademark. According to TMZ, Vivid thinks that customers could get confused and “think Vivid is behind the phone.”

    Apparently, the letter threatens a lawsuit if HTC doesn’t change the name of their device by Monday, November 21st.

    This isn’t the first time that HTC has come under fire for trademark infringement. Earlier this year, their Facebook-enabled phone the HTC ChaCha drew the ire of ChaCha Inc, the company that provides real-time answers to queries via text and internet search.

    TheVerge has received a response from HTC regarding the issue:

    We are reviewing the complaint and don’t expect to have any further comment until it is resolved.

    So there. The complaint is real, and is something that HTC is probably going to have to take seriously. I mean, who wants a giant porn producer riding their ass?

  • Twitter Will Finally Own The Word “Tweet”

    Twitter Will Finally Own The Word “Tweet”

    Did you know that as of right now, Twitter doesn’t have the trademark for the word “tweet?”

    That’s all about to change, however, as the social media service is about to secure the trademark from its current owner – Twittad.

    Twittad is a company that users a network of thousands of Twitter users to tweet out advertisements from other companies – twitter ad middlemen in short. They operate under the slogan “Let Your Ad Meet Tweets.” A couple of years ago, they trademarked that phrase.

    Twitter originally filed to trademark “tweet” back in 2009, but that request was rejected by the U.S. Patent and Trademark office due to similar trademarks that were pending – tweetmarks, cotweet and tweetphoto. Unable to bring their own attempts to secure a trademark to fruition, Twitter went after Twittad.

    Last month, Twitter filed a lawsuit against Twittad. They claimed that the word “tweet” had already been made famous by Twitter, way before Twittad filed the trademark for their phrase – therefore Twitter was the rightful owner of “tweet.”

    According to the WSJ, Twittad and Twitter have come to an agreement that would transfer the trademark for “tweet” to Twitter, and see the lawsuit against Twittad dropped.

    “We’ve arrived at a resolution with Twittad that recognizes consistent use of Tweet while supporting the continued success of Twitter ecosystem partners like Twittad,” Twitter spokeswoman Lynn Fox said in a statement.

    There’s no confirmation of any other incentive, such as a payment from Twitter to Twittad – but Twitter will reinstate Twittad’s Twitter account, which it had suspended.

    [Image Courtesy born1945 on Flickr]

  • Google Fends Off Android Trademark Suit

    Google Fends Off Android Trademark Suit

    While a rose by any other name would smell as sweet, Google will not have to see if the same concept applies in the case of its mobile operating system.  A judge has thrown out an Android trademark lawsuit and given Google the right to continue using the word "android."

    Granted, it was unlikely that Google – with its market cap of $193 billion and army of lawyers – would ever have actually needed to develop a new name for the OS.  The company could have tied up the suit in the court system until doomsday, or just paid the plaintiff to hand over his papers and go away.

    Still, Google’s now officially won.  Erich Specht, who at one point operated a firm called Android Data, will not get a penny of the $94 million he was seeking to cover Google’s use of the term.

    Google AndroidAs reported by Jason Kincaid, a court document stated, "Google is entitled to a declaratory judgment that Plaintiffs abandoned ANDROID DATA and the other Asserted Marks.  Plaintiffs do not possess valid or enforceable rights to the marks."

    Later, the document added, "Defendant Google’s Motion for Summary Judgment is granted for Counts I-V of Plaintiffs’ Second Amended Complaint, and for Counts I and III of Google’s Counterclaim."

    Fans of Google’s mobile operating system should be pleased by the clear (if predictable) victory.

  • Facebook Tries To Own “Face” And “Book”

    Facebook Tries To Own “Face” And “Book”

    As you may have read, Facebook is suing Teachbook for using the word "book" and being a competitor. To put it in Facebook’s exact words, the company’s Director of Policy Communications, Barry Schnitt, tells WebProNews:

    "The problem is not merely that they use the word "book." You’ll notice that we have no complaint against Kelly Blue Book or Yellowbook or others. However, there is already a well-known online service with ‘book’ in the brand name that helps people connect and share. Of course the Teachbook folks are free to create a similar service for teachers or whomever they like, and we wish them well in that endeavor. What they are not free to do is trade on our name, create confusion, or dilute our brand while doing so. Additionally, it’s important to note that where there is confusion or brand dilution as there is with Teachbook and Facebook, we must enforce our rights to protect the integrity of our trademark.

    Facebook is currently trying to register the word "Face" as a trademark, TechCrunch reports. Erick Schonfeld writes, "Facebook took over the trademark application for ‘Face’ from a company in the UK called CIS Internet Limited, which operated a site called Faceparty.com. Presumably, Facebook bought the application sometime around November, 2008, which is when its lawyer started dealing with the USPTO."

    In an interesting twist, Aaron Greenspan, Mark Zuckerberg’s Harvard classmate, who claimed to have had a hand in Facebook’s creation, also has a mobile payments app called FaceCash under his Think Computer company. He is listed as a potential opposer to the "Face" mark, as Schonfeld points to.

    FaceCash from Aaron Greenspan

    Just as there are plenty of other items that use the word "book" there are plenty that use the word "face", notably, Apple’s Facetime iPhone feature, which it has been heavily marketed since the release of the iPhone 4.

    Facebook has made no indication that it intends to go after any service using "Face" in its name, just as the company told us it isn’t going after every company using "book", but considering how closely Teachbook is related to Facebook, it’s hard to say what Facebook would find too close for comfort.