In an effort to completely dominate the social networking space Facebook has moved to assert it’s ownership over the word ‘book’ based on its latest user terms of agreement.
Via ars technica:
You may recall that Facebook has launched multiple lawsuits against websites incorporating the word “book” into their names. Facebook, as far as we can tell, doesn’t have a registered trademark on “book.” But trademark rights can be asserted based on use of a term, even if the trademark isn’t registered, and adding the claim to Facebook’s user agreement could boost the company’s standing in future lawsuits filed against sites that use the word.
“Unregistered marks are quite common in the US,” University of Minnesota Law Professor William McGeveran told Ars. “Rights arise from use, not registration (though registration does give you some other advantages). That’s how Facebook can try to claim ‘book.'” If you see a ™ next to a name, that indicates an unregistered, claimed trademark, whereas an R in a circle signifies a registered one, McGeveran notes.
So, what exactly is Facebook changing? If you view the current Statement of Rights and Responsibilities, you’ll find this sentence:
“You will not use our copyrights or trademarks (including Facebook, the Facebook and F Logos, FB, Face, Poke, Wall and 32665), or any confusingly similar marks, without our written permission.”
If you’re wondering, 32665 is the number allowing Facebook users to update their pages through text message. The newly revised user agreement reads as follows (emphasis ours):
“You will not use our copyrights or trademarks (including Facebook, the Facebook and F Logos, FB, Face, Poke, Book and Wall), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.”
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