Have you read the wonderful "book" The Hunger Games? OopsI Let me start
over. I shouldn't say "book" for fear of trademark infringement. Instead, let
me ask: Have you read the arrangement of pages authored by Suzanne Collins,
divided into parts and chapters, and featuring the characters Katniss, Gale and
Peeta? Much safer to say that than the "b" word. Better to be careful than to
have Facebook throw the arrangement of pages at me.
As reported by several sources (ZDNet / Slash Gear), Facebook's new (though pending) terms and
conditions agreement states:
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
The updated agreement has yet to take effect
as Facebook's review of the solicited comments is ongoing.
Despite the new language, Facebook has not officially registered "Book" as a US trademark. However, according to NBC Los Angeles, Facebook will be asserting a "Book"
trademark with the European Union. And trademark or not, Facebook has
proven itself protective of the "Book" mark as evidenced by its ongoing lawsuit
against Teachbook (complaint / Facebook,
Inc. v. Teachbook.Com LLC, 2011 U.S. Dist. LEXIS 110190 (N.D. Ill. Sept.
26, 2011 [enhanced version available to lexis.com subscribers])) and its response to Placebook, which allegedly changed
its name to TripTrace
in order to avoid a Facebook lawsuit.
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