Monday, August 8, 2011

Facebook vs. Shagbook: The Legal Battle Of Trademarks- Click here http://bit.ly/onj3hY for full article

Facebook_vs
Facebook vs. Shagbook: The Legal Battle Of Trademarks- Click here http://bit.ly/onj3hY for full article

It's pretty clear that Facebook is going to go after anyone that even slightly infringes upon the trademark of its popular social media network. But how far are they willing to go and at what cost?
Recently, Facebook filed suits against Teachbook and Facebookofsex.com run by Friendfinder Networks because the names and actual sites were believed to be too close to its brand. While these disputes are still ongoing, Facebook also attacked the United Kingdom's Shagbook, an adult dating site. The suit was first filed in May but the recent counter by Shagbook has made this trademark legal battle very interesting.
It's true that if you wander over to Shagbook that the site's logo and visual format resembles Facebook's interface. However, Shagbook attorneys argue that its site is clearly a dating site while Facebook is a more generalized social media network. How could anyone be confused, they ask?

Speaking of generalizations, the real controversy started recently when Shagbook actually filed a countersuit saying the term "facebook" was too general and Facebook executives had even used the word in general terms themselves. Shagbook attorneys say that Facebook should have never been allowed to trademark the term in the first place.
According to The Inquirer, Shagbook researched the history of the word "facebook" and came up with this: "Books containing pictures of the members of an organization along with biographical information have been in existence for many decades." Therefore, they argue, Shagbook easily fits within the definition and should be allowed to use the word "book" in its name. Shagbook, much like Facebook, allows users to add photos and biographical information and connect with others within the network.
Shagbook also wants it to be known that it's been around longer than Facebook. Its owner has used the term "shagbook" since 2000 and the website was developed in 2006, which was before Facebook became popular. Shagbook executives simply ask, "Shouldn't we be suing you?" And that's exactly what they did.
Shagbook has also accused Facebook of "trademark bullying" because of the company's frequent and unrelenting lawsuits against a multitude of similar social networking sites. Many of these sites are not as popular or as large as Shagbook and simply don't have the means to fight the social media giant. But Shagbook is clearly taking a stand. A Shagbook representative told Mashable that they planned to "vigorously defend the Shagbook mark."
The question now is has Facebook gone so far that it might lose its own trademark?

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