
Lamebook Sues Facebook Over Trademark Infringement. Wait, What? - ssclafani
http://techcrunch.com/2010/11/05/lamebook-vs-facebook/
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some1else
Very clever move. Of these recent lawsuits lamebook seems to be the only one
that visually dilutes the trademark, but I'm very glad they pulled out the
freedom of speech card. IANAL, but I think this could work.

Obviously, the site points out in thousands of examples how uneducated users
can run into the previously mentioned Gay Bar Problem[1], and tucking that
problem under a trademark lawsuit would be a superficial, corporate, PR way of
solving the issue.

However, the outcome of this lawsuit will probably have little influence on
the way the TeachBook issue is resolved. They're in hot water because of the
fact that they're also a social network.

It would really suck for them to have to succumb to the $$$ threat like
TripTrace (previously PlaceBook) did. Although, differentiation is one of the
most important brand strategies, so TripTrace is actually a better name in
that respect.

[1] [http://www.slideshare.net/padday/the-real-life-social-
networ...](http://www.slideshare.net/padday/the-real-life-social-network-v2)

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troymc
I suspect the "freedom of speech card" is of little value in this case. The
First Amendment is mostly about prohibiting direct government censorship - but
the government isn't trying to censor anything in this case; it's a private
matter.

Trademark parody is another matter. Google it.

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some1else
Thanks, I'll check it out.

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sausagefeet
What is the benefit for getting the case litigated in Texas?

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vaksel
from what I understand, the judges there are missing a few brain cells when it
comes to tech...which is why all the patent trolls use that court system.

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raganwald
A similar case: Canadian Tire vs. crappytire.com:

[http://www.cbc.ca/money/story/2001/05/31/crappytire_010531.h...](http://www.cbc.ca/money/story/2001/05/31/crappytire_010531.html)

Canadian Tire was able to get the site taken down in Canada using Canadian
trademark laws and/or a preponderance of litigatory expenses. However, they
lost the fight to sieze the domain name.

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ergo98
It would be similar if crappytire sued Canadian Tire.

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raganwald
As the OP points out, FB have already sent a cease-and-desist letter, so the
pre-emptory lawsuit is simply a legal wrangle to get the case argued in Texas.
the case itself is still going to be argued on the question of whether
Lamebook's name and logo infringe on FB's trademarks.

So technically, the two cases are dissimilar in that CanT sued CrapT in the
usual order, but the cases are essentially the same.

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cshenoy
lame.

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xentronium
Serious guys from facebook are not amused.

