Ask HN: What are my mathematical odds of being sued by Facebook and/or Apple?

8 points·scottmagdalein··7 comments

I'm starting a company called FaceThyme (facethyme.com) and we're slated to launch in early October. The application we're building is neither a social network nor a mobile video communication tool. However, I'm nervous that two of the biggest bullies in tech will kill us before we get off the ground.

What are the odds of FaceThyme being sued by Facebook and/or Apple?

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Apple has trademarked FaceTime: http://www.patentlyapple.com/patently-apple/2010/06/apple-wa...

IANAL, but Apple's trademark seems to cover software as well as mobile devices.

Meanwhile, Facebook is trying to trademark "face": http://techcrunch.com/2010/08/26/trademark-face/

So I think the answer is: "pick another name". The question I'd ask, is if you have no relation to Facebook or FaceTime in the application and have no expectation to receive goodwill based on those apps, why would you want to have a similar name?

One of the DuPont factors for likelihood of confusion is similar or identical pronunciation or sound. Apple would have no trouble suing you and the legal precedent is easy to find. So yeah, pick another name.

As a wise man once said, "Change your apps name. Not that big of a deal."

I'm trying to think what your business might be. An herbal facial treatment? a spice delivery service? A culinary motivational product exhorting people to confront their spice racks? None of them sound very profitable

LOL, missed the mark on all accounts, but very creative!

Relevant: http://www.pcmag.com/article2/0,2817,2368384,00.asp

Six by nine. Forty two.

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