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As a marketing professional, I understand the importance of protecting brand identity. I get that it means dollars, and that any infringement upon or blanding of a company’s identity can, in the long run, have a negative effect on that company’s bottom line. I understand that a company as culturally dominating as Facebook has to worry about their brand becoming so “household” that their trademark can become non-enforceable (“google” anything lately?) — but does that give them the right to demand that an upcoming social network for teachers remove the word “book” from its name?
Teachbook is currently being sued by Facebook, who is demanding that Teachbook change its name. On the one hand, I can see their point: Teachbook is a social network and it is unlikely that this social network has not heard of Facebook. It follows, then, that Teachbook is “riding the coattails” of Facebook’s popularity and using the brand recognition generated by the social giant to establish recognition within their own niche. Facebook views this as a dilution of their brand name, and also thinks that Teachbook’s use of the word “book” could create false impressions of a relationship between the two social networks.
It all sounds pretty reasonable, really, when viewed from that standpoint. However, does being a monstrously huge, globe-spanning force of a company give all encompassing power and control over the word “book”? If you take one look at Teachbook , you will never confuse it with Facebook, nor will you really consider that there might be a relationship between the two. Also, consider the fact that there are other social networks out there already using the word book in their name, such as Doctorsbook and, erm, F@#$book (note the tasteful censorship, here… feel free to google your own link – and yes I used Google as a verb on purpose). No lawsuits have been levied against these companies. If Facebook is trying to make a point of keeping their brand from dilution, why not start there? They have had ample opportunity to set their precedent elsewhere, before their lawsuit against Teachbook.
So what do you think?
Is Facebook within their rights, here, or are they going too far to protect their brand? Should they make an example of this itty bitty social network for teachers — or just bow down to the realities of their hugeness and take it as flattery? Perhaps this is just another example of Facebook’s quest to control the internet? Maybe Teachbook should have just started a Facebook group or Page and bought Facebook ad credits.
You tell us.
Anthony Russo says:
If suing one they should sue them all, or leave them all alone…as long as the layouts are not similar to Facebook and things like that.
Anthony Russo
http://www.anthonyrussoblog.com/Anthony
Skype: anth.russo
Twitter: @AnthonyRusso
August 27, 2010 — 12:00 am
Bobby Travis says:
I agree, Anthony, they should either decide that they are out to get them all and go for it, or they should leave the little teacher’s network alone. They may have a case, though, if they get the right trademarks lawyer. Which I’m sure they can afford.
August 27, 2010 — 12:12 am
Dave Zan says:
I believe one of Facebook’s people commented on that in the Techcrunch link above. Not that anyone has to agree with or believe them, but…what they said is their position.
While not a lawyer, I’ve since learned that trademark infringement essentially boils down to what’s called likelihood of confusion; that the general public may confuse someone’s service with a trademark.
Of course, that’s what Facebook aims to prove in their complaint against Teachbook. Unfortunately they seem prepared to do so, notwithstanding how much financial muscle they can afford.
Then again, Teachbook is defended by Greenburg Taurig. Look ’em up, and they’re not exactly cheap either.
At the end of this, Facebook will probably use a polling firm to determine if the general public will likely confuse Teachbook with Facebook or not. Time will tell.
September 4, 2010 — 6:45 am
Paul YM says:
I think that a proprietary claim on the term “book” is pretty farfetched, and kind of sad. And it’s not that “book” really sings “social network” to me. But maybe that just strengthens their case, i.e. that they’ve taken a simple word like “book” and altered its meaning.
August 27, 2010 — 12:20 am
Bobby Travis says:
I also think that claiming “book” is a bit far fetched — I think a judge will have to give it serious consideration though, when attached to a new social network. Hopefully, for Teachbook, the fact that Facebook has apparently not applied due diligence and mitigated their circumstances by suing other social networks using book, the whole thing will just fizzle and die.
August 27, 2010 — 11:54 am
David says:
A pathetic attempt at word/brand monopoly imo. They have 500million users for lords sake!
August 27, 2010 — 3:07 am
Bobby Travis says:
True. They do have a lot of weight to swing about. It seems petty, but, playing devil’s advocate, I suppose it could be a problem for them if every upstart social network started using the word “book” in their name. Although I really doubt they would have to worry about a serious loss. Internet users may be fickle, by nature, but people — and general populace types, not just tech adopters — are way too invested in Facebook to just up and walk away for some other “book”. This is evidenced by their continued rapid rise in userbase in spite of privacy concerns.
August 27, 2010 — 11:59 am
kosmo @ The Soap Boxers says:
If you think this is bad, take a look at some of the people Monster energy sue – including such “competitors” as the makers of Vermontster beer (a local Vermont brew).
Hey, there are unemployed lawyers who need some worked thrown their way :)
August 27, 2010 — 11:20 am
Bobby Travis says:
Heh. I somehow doubt that there are any unemployed lawyers in the US — what with the “sue culture” there, and all.
August 27, 2010 — 12:00 pm
Evan Kline says:
Hey now . . . don’t get me started on that, and how a few anecdotal stories are the exception, not the rule. Divorces, and suits between corporations are up, but other types of lawsuits keep going down. The surest way for a lawyer to go out of business is to take bogus cases. There are certain interests which loves that the public (i.e. jury pool) thinks we have an out of control system, which explains why so many jurisdictions are where cases go to die (granted, as with everything, there are exceptions that make it bad for everyone else).
August 27, 2010 — 1:24 pm
Bobby Travis says:
Ahh! At last, lawyer #1 weighs in! :D What do you think about this Facebook lawsuit, Evan? I’m curious to hear Josh’s (40Tech Lawyer #2) thoughts too.
August 27, 2010 — 1:28 pm
Evan Kline says:
I don’t know enough about intellectual property law to give you any sort of legal analysis, but my reaction was one of “you’ve got to be kidding me!” The same reaction I had to the story I just read, linked in our Twitter feed, about Facebook now trying to trademark the word “Book.”
August 27, 2010 — 4:27 pm
Bobby Travis says:
Are you frickin’ kidding me?? LOL!! I wish them good luck on that one… Maybe if they throw a lot of money at it and get a really, reaaalllly forgiving judge?
Here’s the tweet link for everyone: http://twitter.com/40Tech/status/22295674236
Looks like it is actually “face” they are after, from the article it links to.
August 27, 2010 — 4:45 pm
kosmo @ The Soap Boxers says:
” The surest way for a lawyer to go out of business is to take bogus cases.”
Of course, these situations aren’t likely contingency cases, so the lawyers are sure to get paid, win or lose.
August 28, 2010 — 9:36 am
Evan Kline says:
You are correct. There’s no shortage of corporate lawsuits, where lawyers are probably getting paid by the hour (or are in-house). Ironically, corporations and organizations like the Chamber of Commerce don’t want to curb companies from suing one another, or put a cap on those damages. They’re only interested in restricting the rights of the little guy.
August 28, 2010 — 11:45 am
Tony says:
It’s just a name. People will be able to distinguish Facebook from any other social network. I think this might even boost its brand since people will instantly think of Facebook when they hear Teachbook
August 30, 2010 — 12:04 am
Bobby Travis says:
I’m sure you’re right, Tony. They are big enough that they probably don’t have to worry — or didn’t, anyway. Now that they’re making such a big deal about it, if they lose, upstart networks everywhere -will- start adding book to their name.
August 30, 2010 — 1:28 pm
Darren Negraeff says:
Great analysis Bobby. I agree with the general opinion that this seems a bit frivolous at first glance. However, I wonder why they wanted to call it Teachbook after all. To see what I mean, imagine if there was no facebook. Then consider you were going to start a social network for teachers. Would you call it teachbook? I doubt it. It doesn’t make sense. I might call it teacherslounge or something like that, but the book portion is nonsensical without facebook having come first.
That said, there are a lot of better names to go after first as noted by TechCrunch (particularly facesbook):
http://techcrunch.com/2010/08/26/facebook-placebook-teachbook/
August 30, 2010 — 2:26 pm
Bobby Travis says:
Heh — I saw the Techcrunch posts as well. Some funny stuff in that one. I totally agree (and mentioned) that Teachbook is riding on Facebook’s coattails — and that Facebook actually does have legal grounds/precedent to at least attempt to sue, but I question their decision in the face (pun intended :P ) of them not attacking some of the other’s mentioned in the same suit. Especially the fairly obvious F@%^book. Again, please note the tasteful self-censorship. I am told we are a family site. ;)
August 30, 2010 — 2:42 pm
t2share says:
-will- start adding book to their name.
*تي شير
October 31, 2010 — 9:40 pm