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FaceMBA trademark against Facebook


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#1 Pedrogonc

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Posted 07 January 2013 - 03:47 AM

Hi,

I have registered the trademark "Facemba" in the US and Europe in 2010. This before Facebook registered the word Face. I have built a social network with Universities since then.

I have now received an unpolite letter from facebook asking me to change my brand?

Any comments on this?
Thank you.

#2 pg1067

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Posted 07 January 2013 - 07:38 AM

I have now received an unpolite letter from facebook asking me to change my brand?


Despite your use of a question mark, this sentence is not a question. If it was intended to be a question, I cannot discern what you were intending to ask.


Any comments on this?


Hire yourself a good trademark lawyer ASAP.

#3 Guest_FindLaw_Amir_*

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Posted 07 January 2013 - 12:18 PM

I agree with the previous poster, you may want to consult with a local Trademarks Lawyer to advise you on this matter.

#4 Tax_Counsel

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Posted 08 January 2013 - 08:37 AM

Hi,

I have registered the trademark "Facemba" in the US and Europe in 2010. This before Facebook registered the word Face. I have built a social network with Universities since then.

I have now received an unpolite letter from facebook asking me to change my brand?

Any comments on this?
Thank you.


Two comments. First, I'll agree with the others that you need a good trademark attorney ASAP. If you intend to fight this, I hope you have a lot of cash, because this can get really expensive for you, even if you win. It should be pretty obvious that Facebook can afford to fully fund this fight should it choose to go after you.

Second, Facebook was launched in the U.S. in February 2004. In the U.S., it is use of the mark in commerce that establishes priority to the mark, not registration. Registration provides stronger enforcement for a mark that you’ve established. So, unless you used your mark in commerce before Facebook started, you are at risk of losing the U.S. trademark dispute. (I’m not familiar with EU trademark law, so it’s possible the result for a dispute there would be different.) Since you run a social networking site, that suggests your activity is close enough to what Facebook does that Facebook may have a good argument that the public might be confused as to the source of your service (ie. they may associate it with Facebook).




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