Thursday, September 2, 2010

Facebook is a Trademark Protection Hypocrite Part II

I recently wrote how Facebook is a trademark protection hypocrite because of its efforts in trying to block other companies from using the word "BOOK" in their names while not doing more to proactively protect trademarks on its own web site. Facebook is also trying to block others from using the word "FACE" in their names.

To paraphrase from an old English proverb, Facebook wants to have its cake and eat it too. This is the height of hyprocrisy. Facebook's platform enables intellectual property theft and now Facebook wants to block others from using generic terms that have been around for hundreds of years before Facebook's existence.

Facebook is currently monetizing all of its users' user generated content (UGC). This includes the trademarks of every company or individual that is on Facebook regardless of whether a company or individual has an official Facebook presence or if a third party has put that company's or individual's intellectual property on Facebook without that company's or individual's permission. Facebook knows or should know that there is widespread intellectual property theft on its web site. Unfortunately, under current law Facebook has no legal obligation to stop intellectual property theft on its web site unless a rights holder notifies Facebook of the intellectual property theft.

Facebook's intellectual property protection hypocrisy must be confronted. Facebook should not be allowed to stop others from using the words "FACE" or "BOOK" in their names and continue to profit off of intellectual property theft of others. Therefore, I challenge the AM 100 and Fortune 500 legal communities to provide assistance to Teachbook.com and to Aaron Greenspan in their legal fights against Facebook. If Facebook prevails in stopping others from using "FACE" or "BOOK" in their names this victory may have widespread unforeseen consequences.

To learn how to protect your trademarks on the Internet and on Social Media you may contact me at www.shearlaw.com.

Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.