Facebook says it owns rights to the name 'book'
chicagobreakingbusiness.com
chicagobreakingbusiness.com
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?
I'm not saying they're right, though; I'm just saying they're not crazy.
But they exist for a very good reason, and I could see copyright and patents being tossed out in toto before trademarks went away. (And yes, I consider that to have negligible probability too.) You have a right to know with what entity you are dealing, and that's the problem trademarks solve. To that end, a trademark does not just cover the literal thing trademarked, it is explicitly defined in terms of things that may confuse a normal person, because that is the entire purpose. "Sort of like" is the entire point.
I think the idea that these people named their product with no intention of trying to ride Facebook's coattails completely implausible. They knew what they were doing. They may not have realized it's illegal, but this is simply the purpose of the law being fulfilled. (And the odds that they did know what they were doing and acted in bad faith anyhow are definitely nontrivial.) This is little different than trying to sell a Sorny TV.
“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.
What about a social network for book fans called bookclub or socialbook.com would that be considered infringement?
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.
Also trademarks can be lost if not defended, unlike patents and copyright.
The dispute between teachbook and facebook likely revolves around being confusingly similar, and could also be in part because they need to actively defend the trademark in order for it to be valid.
In the US, one at a time - but there could be a class of names which are confusingly similar to that name.
They either need to argue that the similarity "is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person" or dilution by blurring an "association arising from the similarity between a mark or trade name and a famous mark that impairs the distinctiveness of the famous mark".
The second (trademark dilution) only applies to famous marks (like Facebook), but can be used when the mark is only diluted, and there is no likelihood of confusion. However, "the degree of inherent or acquired distinctiveness of the famous mark" is important - and the distinctiveness isn't just in one particular market. English words are unlikely to be considered to be particularly distinctive, and 'face books' existed on paper before Facebook used the term.
In this specific case, it's even less frivolous. The Illinois company set up a social networking site for teachers and called it Teachbook. Even they aren't arguing that there's no overlap; they're simply surprised Facebook would care. But of course they do; they are required to defend their trademark or risk someone else claiming that they've abandoned it.
This is not like a company called "AppleSoft" being sued by "Apple". It's more like a company called "AppleSoft" being sued by "Microsoft". It's unfortunate the laws are so ambiguously written to allow abuse of this nature.
Once again, no. PerfumeBay was forced to admit under oath that it had fielded support calls from people thinking they were part of eBay. It is not even remotely unlikely that, after spending more than $200 on web design, teachers might become confused about whether Teachbook was a subsidiary effort of Facebook.
All this aside, can anyone say with a straight face that "Teachbook", the networking site for teachers, didn't know that they were coattailing off Facebook with that name? Give me a break. If Facebook loses, that'll be interesting, and maybe even a good thing, but don't ask us to feel sorry for these people.
In law, frivolous litigation is the practice of starting or carrying on law suits that have little to no chance of winning. While colloquially, a lawsuit may be termed frivolous if they personally find a claim to be absurd, regardless of its legal standing, in legal usage (with which this article is concerned), as by the judiciary of the United States, "frivolous litigation" is considered to consist of a legal claim or defense presented even though the party or the party's legal counsel had reason to know that the claim or defense was manifestly insufficient or futile, that is to say, had no legal merit and may also lack legal standing.
By the legal definition, if a lawsuit is likely to succeed, then by definition, it cannot be frivolous.
Pretty soon you won't be able to use any English word, if as you said ... trademarking a common word such as "book" is reasonable.
Also ... if they would have to go for someone, why not go for ... Fuckbook.
What are you basing this on? I'm pretty certain they called it "the facebook" because it was literally meant to be an online replacement for the print facebook. That was how it was explained and used when it started.
It wouldn't have functioned as a "yearbook" (a way to find old classmates) because at the time they picked the name it was only open to current college students.