NEWS
Facebook teaches a lesson
Facebook has fi led a trademark infringement lawsuit against
Teachbook.com in a bid to stop the social-networking site for educators damaging its brand.
T e complaint, fi led in the US District Court for the Northern District of California in late August, alleges that Teachbook’s marks ride on the “coat- tails of the enormous fame and goodwill of the Facebook trademark”.
It states: “[T]he term ‘book’ in the mark pilfers a distinctive part of the Facebook marks, and is completely arbitrary as applied to [the] defendant’s services [online networking services for teachers]. As such, the only conceivable reason to incorporate ‘book’ into the defendant’s mark is an intention to call to mind the Facebook marks, and to unfairly benefi t from their fame.”
Facebook fears that its business reputation and the quality of its trademarks will be under threat if
Teachbook.com continues to trade under its current name.
Teachbook.com operates a social-networking site for teachers, allowing a community of users to share lesson plans, instructional videos and other educational resources.
Teachbook rejects Facebook’s claims. Greg Schrader, managing director of Teachbook,
www.worldipreview.com
said: “We don’t understand why a million- dollar company like Facebook would try to get in the way of our little start-up in Northbrook, Illinois.”
“‘Book’ is a generic term and the US trademark Offi ce seems to agree with us on that. We understand that Facebook can be greedy and we understand that Facebook believes it has the right to own that word, but we just don’t believe Facebook is correct based on the merits of its case. T at’s why it moved this to the federal court —it couldn’t have won this in the trademark offi ce. Facebook put this in federal court where it can use its considerable fortune to try to bully us around.”
Facebook has enjoyed success as a social-network platform since its launch in 2004. It now attracts more than 500 million active users.
A spokesperson said: “It’s not that they are using ‘book’. We have no complaint against Kelly Blue Book or Green Apple Books or others. However, there is already a well-known online network of people with ‘book’ in the brand name. Of course, the Teachbook folks are free to create an online network for teachers or whomever they like, and we wish them well in that endeavour. What they are not free to do is trade on our name or dilute our brand while doing so.”
Facebook seeks injunctive relief from the district court to stop Teachbook using its current trademark, as well as unspecifi ed damages.
World Intellectual Property Review September/October 2010 9
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