

Facebook says it owns rights to the name 'book' - blahedo
http://chicagobreakingbusiness.com/2010/08/facebook-says-it-owns-rights-to-the-name-book.html

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tptacek
Teachbook is a social ("networking") site for teachers. Their defense is not
that there's no overlap, but that they're so small Facebook shouldn't care ---
which is exactly _not_ how trademark works.

This headline is sensationalistic. Facebook isn't claiming it owns "book".
It's saying, don't make social networking sites named xxxBook. That may be
overly aggressive, but it isn't _crazy_ , and if you start DoctorBook (the
social networking site for doctors), you can't tell me you're not doing it
with eyes open to the chance Facebook will make you change the name.

What'd they expect Facebook to think about this? Is Facebook expected to be OK
with Plumberbook and Contractorbook and Lawbook (the social networking site
for lawyers) too?

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JoeAltmaier
They don't have to be "ok" with it; the question is does their trademark
extend to names that are "sort of like" their name FaceBook. I don't think so.

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tptacek
You should read up on trademark law. They aren't going out on a limb. Look up
Trademark Dilution.

I'm not saying they're right, though; I'm just saying they're not crazy.

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scott_s
Their claim, from the article:

 _“If others could freely use ‘generic plus BOOK’ marks for online networking
services targeted to that particular generic category of individuals, the
suffix BOOK could become a generic term for ‘online community/networking
services’ or ’social networking services,’” Facebook argued in the lawsuit.
“That would dilute the distinctiveness of the Facebook Marks.”_

Honestly, that sounds reasonable to me. They're not claiming they own
trademarks to all uses of "book," but to uses in the context of online social
networks.

They use the word because it was a play on the name and idea of a "yearbook."
While TeachBook could claim the "book" part of their name has to do with
learning from books, I wouldn't believe such a claim. It looks to me like they
put "book" in their name to tell other people "we're similar to FaceBook."
That's exactly the sort of thing trademarks protect against.

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JoeAltmaier
It comes down to trademark law. Can you trademark a class of names? Or just
one at a time.

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tptacek
It's not as simple as that. Trademark isn't as clear-cut as copyright. In some
cases, you have to have a famous mark (like Facebook, Starbucks, eBay, and
Victoria's Secret). Sometimes, you have to be able to present evidence of
confusion; in other cases, you have to be able to demonstrate that the
infringing use is directly tarnishing your own brand.

It is simply not the case that any Internet squatter can decide "I'm going to
own the word Bedsheet, because nobody's thought to trademark it yet!" and then
go troll anyone who uses a bedding image in their name. You have to actually
build a valuable brand first.

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ryandvm
This doesn't bode well for my incubating startup - Bookface.

