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FaceBook Power Grab and the Grandfather Clause

by tpw
2 replies
As noted in many other posts here at the WF and on other websites, Facebook is trying to enforce its Trademark for the word "Book" now, and it has just gotten clearance to pursue a Trademark on the word "Face".

This brings me to a curious question.

Someone better versed in legalities can perhaps answer this question better than I.

But if I remember correctly, Trademarks can only be applied against companies in violation of the Trademark, if the offender started using the Trademark AFTER FB acquired the Trademark rights.

In other words, if I owned a domain called FaceChat.com or SocialBook.com, and I had owned those for any length of time before FaceBook got its trademarks, then FB could not win Trademark Infringement against me.

Of course, we all realize that FB can pursue it, with a frivolous lawsuit in hopes that we would back down and give in.

But legally, I could not lose the case, because I owned the websites prior to the creation of the Trademark.

Am I correct in this assumption?
#clause #facebook #grab #grandfather #power
  • Profile picture of the author powerspike
    (warning: backyard laywer)

    Ok, i read a techie website alot called slashdot (google it), lots of lawsuite stuff on there, i think it might be from the time they applied for the trademark, not from when they got it approved. but would be best for one of 'thoose' people with a piece of paper to weight in on the thread =)
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    • Profile picture of the author tpw
      Originally Posted by powerspike View Post

      (warning: backyard laywer)

      Ok, i read a techie website alot called slashdot (google it), lots of lawsuite stuff on there, i think it might be from the time they applied for the trademark, not from when they got it approved. but would be best for one of 'thoose' people with a piece of paper to weight in on the thread =)

      I think you are right.

      I do think I remember something like that.
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