Facebook Trademark Infringement with Teachbook

You can bet social media megalith Facebook is actively scanning the horizon for would be intellectual property infringers. And a few weeks ago it found one. A new online community for teachers, called “Teachbook,” is using a similar networking platform to Facebook. Facebook fears that adding the “–book” suffix to words could create a whole plethora of networking Websites for different societal groups. This, in turn, would dilute the trademark brand.

Facebook sued for cybersquatting, trademark infringement, unfair competition, and trademark dilution in the US District Court for the Northern District of California (Case No. 5:2010cv03654). According to the complaint:

"The 'book' component of the Facebook mark has no descriptive meaning and is arbitrary and highly distinctive in the context of online communities and networking Web sites," the complaint explains. "If others could freely use 'generic plus BOOK' marks for online networking services targeted to that particular generic category of individuals, the suffix 'book' could become a generic term for 'online community/networking services' or 'social networking services.' That would dilute the distinctiveness of the Facebook marks, impairing their ability to function as unique and distinctive identifiers of Facebook's goods and services."

If the past is any indication of how this suit will go, Teachbook will may change its name. A startup online travel company called Placebook recently changed its name to TripTrace after a run-in with Facebook.

The Internet Is Not Yet the Great Leveller

Access to the Internet prevents it from being a world levelling device. In Australia people will have to wait up to eight years to get broadband. South Africans living in "dangerous" areas will never get an Internet connection because telco companies fear theft of copper wire. India is too poor, so many regions will have to remain on dial up Internet. Those in remote places in Britain are still waiting for a method to be chosen for broadband distribution.

Leading Western countries are the main source of software for all Internet users. Even Twitter and Facebook are based in the US. People also use these sites to interact with those of similar ilk. The world is segmenting into cliques and a broad world view is not materializing. This is despite more information being available for the average person than at any other time in human history.

People are essentially parochial. They identify with the region and country they are in. Though international news is easily accessed, many choose not not to log on. They still get news from local television and radio. Such news sources now have less than 15 per cent of non-local news, particularly in the US. Ninety five per cent of Internet users in the UK go to domestic news sites. Afghanistan is the topic of most international news stories while clashes in Africa are given just cursory comment.

No doubt in time a common world view will develop. This is because urbanization is happening everywhere, so there will eventually be a common background for most people irrespective of place of origin. The readership of blogs is increasing, with most commenting on local and international issues. There is a need for barriers from language barriers to be broken down. News will travel faster when breaking stories are translated on the spot.

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Facebook Patent Unleashed!

Facebook obtains potentially powerful patent on Newsfeed technology

In 2006, Facebook filed a patent application on its much-imitated Newsfeed technology. Last week the patent was granted. Facebook has yet to announce any plans for legal action, but Web sites all over must be feeling more than a little apprehensive. After all, Twitter is essentially one big news feed. Google, Myspace and Flickr all use a similar technology.

The USPTO granted coverage to “the generation of activity elements associated with a user through a social network, tethering an information link associated with at least one these activities, limiting access to material in question to a predetermined list of users and assigning an order of publication for these different elements.”

Before Facebook sues anyone for patent infringement, it must consider the potential fallout from such a drastic move. In 2007, when Facebook tried out its first News Feed technology, called Beacon, users felt violated and many deleted their accounts. Mark Zuckerberg, Facebook CEO, issued a public apology and rescinded the service (although it slowly crept back in without any large-scale reactions). Facebook better use its new weapon of mass destruction tactfully. But it probably will use it. Stay tuned…

Tasmania Has Outdated Laws on Freedom of Speech

Tasmania has draconian old fashioned laws against freedom of speech. If a person wants to comment on the Internet about the upcoming state election he/she must leave address and name on the website. Digital Tasmania, Electronic Frontiers Australia, Civil Liberties Australia and the Australian Privacy Foundation have condemned the law. What is Facebook to do when it has a policy of keeping the identity of those who comment, private.

Many people like to talk about political issues without letting others know how they vote. This is to avoid harassment or potential damage to their careers because of public perception.

It seems most Tasmanians do not know of the law and are ignoring it anyway. Some political candidates are also making comments without giving their names. Tasmania's Electoral Commission says that people must abide by the law. Those making comments must leave their names in the "about me" spots on Facebook for example.

If anyone is brought to court over this matter the political party that wins the election will be thrown out at the next election for sure.

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