If You Use Facebook You Agree That They Own A Trademark To The Terms Face, Book and Wall

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Anytime you use Facebook you agree to follow its User Agreement.

As Wired.com pointed out in Facebook’s newly revised version of its “Statement of Rights and Responsibilities,” users agree that Facebook has common law trademark rights over the term “”book”  and agree not to use any “confusingly similar marks, without our written permission”

Under the current Statement of Rights and Responsibilities, anytime you use Facebook you agree that:

“You will not use our copyrights or trademarks (including Facebook, the Facebook and F Logos, FB, Face, Poke, Wall), or any confusingly similar marks, without our written permission.”

The newly revised user agreement reads as follows:

“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.”

“Not accepting the terms isn’t really an option for anyone with a Facebook account. “By using or accessing Facebook, you agree to this Statement,” the document says.”

In November 2010, Facebook was granted a trademark by the USPTO over the term “Face” for:

“usages in “Telecommunication services, namely, providing online chat rooms and electronic bulletin boards for transmission of messages among computer users in the field of general interest and concerning social and entertainment subject matter, none primarily featuring or relating to motoring or to cars.”

“We have also reported on Facebook going after such sites as against Faceporn.com,  TeachBook.com and  Lamebook.com.

I saw a pretty good domain hit the auction place last week but we passed on bidding on LikeBook.com for this exact reason.

 

 

About Michael Berkens

Michael Berkens, Esq. is the founder and Editor-in-Chief of TheDomains.com. Michael is also the co-founder of Worldwide Media Inc. which sold around 70K domain to Godaddy.com in December 2015 and now owns around 8K domain names . Michael was also one of the 5 Judges selected for the the Verisign 30th Anniversary .Com contest.

Comments

  1. Homero A. Gonzalez says

    Will they go after Barnes and Noble who owns, Book.com and Books.com? that should be interesting….

  4. Scott says

    “…none primarily featuring or relating to motoring or to cars.” I wonder who or what prompted that exclusion.

  5. RaTHeaD says

    will they go after me who owns b00k.com and b00ks.com
    maybe i have a legal case against that little sleazeball zuckerburg.

  6. BullS says

    I don’t have Face sh*it or tweet sh*it —waste of time

    Soon people will realize their lives are being control by those arrogant.

    Domains rule!!!

    dot com is King!!!

    can’t wait the day when facebook /twitter get hack and go down all day long!!

  7. Back in the real World says

    Poke is a TM?

    Wow.

    Giving someone a push, poke or nudge is a term widely used way before Facebook.

    Shocking.

  9. BullS says

    @JJ or Joker Joker….you got that right.

    don’t people learn from aol or myspace?

    stupid companies having their brand marketing at face+shi*it/yourshitcompanyname

    pure plain stupid!!

    “BullS” rules!!!

  10. BrianWick says

    If you HAVE A LIFE you do NOT need a facebook account.
    If you do NOT HAVE A LIFE a facebook account won’t change anything.

    Therefore I do not and never will have a facebook account – and therefore I do not have to agree to the same Bullshit from the same paranoid legal thugs who sent me a demand letter 3+ years ago for FaithBook.com – domain I reserved and began operating long before facebook existed.

    And why is it that FACE still has not been approved by the PTO for 6+ years
    And certainly by now the facebook legal bullies would have applied for the BOOK TM if they were serious about enforcing it

  11. BullS says

    @BrianWick —geez…for once we agree.

    you see boys and gals in coffee shops online …all on one single table- trying to make friends online

    WTF–they could have F each other right there on the table!!!

    so F pathetic!!

    wake up people, read “BullS”–go out ,make friends..real breathing friends where you can touch and feel.

  12. domain guy says

    well I see you are all starting to realize the fb is bullshit…a platform the brand does not control…users that are idiots I have never seen one intelligent comment on fb.milleniums with pants hanging off their ass and their face buried in their phone…any you ever tried to hold a conversation with one of these 20 somethings? you can’t.
    ck out their spelling etc…

  13. Louise says

    Already I have BendyBook.com, registered since 2010. I don’t think there woud be any confusion over that – it refers to a physical tablet.

  14. Homero A. Gonzalez says

    Well, check this out: I just saw and ad in Hispanic Business (Printed Edition) Two Pages opposite the cover. The Ad is by Chevy; it features a guy sitting next to his dog in the back of a Chevy Truck and the headline reads; “LOS MEJORES amigos se hacen fuera de FACEBOOK.” That translates to THE BEST friends, are made outside of FACEBOOK”. Ouch! will, FaceBully(book) go after Government Motors???? Lets see, should be interesting….

  15. Unknowndomainer says

    The only people not on Facebook aren’t because they know they wouldn’t have any friends. Mostly blog reading domainers are insanely lonely, paranoid and strange. They think the internet is a giant conspiracy.

    I’m friends with a few domainers on Facebook – so you’re not all nuts.

  16. jon.pete says

    is “ipad” a trademark?

    if yes, how does a site like ipadaccessories.com use this domain?

  17. Anon says

    Some people are just privacy oriented and realize how stupid it is to voluntarily develop a comprehensive dossier on yourself.

    As far as paranoia, some of the least paranoid people I’ve ever met were also the most naive, as far as ‘certain things’ go.