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Facebook Says It Owns 'Book'

An anonymous reader writes "The Chicago Tribune is reporting that Facebook has sued a tiny start-up called Teachbook.com over the use of 'book' in its name. The start-up, which has two employees, aims to provide tools for teachers to manage their classrooms and share lesson plans and other resources. 'Effectively they're bombing a mosquito here, and we're not sure why they want to do that,' Teachbook.com co-director Greg Shrader told the Tribune. Facebook said its use of 'book' in its name is 'highly distinctive in the context of online communities and networking websites.' Facebook apparently is alleging that no other online 'network of people' can use the word 'book' in its name without violating its trademark."

44 of 483 comments (clear)

  1. Give Me A Break! by divide+overflow · · Score: 3, Insightful

    Perhaps next they'll go after everyone who uses the words cookbook, handbook, and textbook.

    1. Re:Give Me A Break! by Asic+Eng · · Score: 5, Insightful
      Not according to what they said: It's not that they are using 'book' -- we have no complaint against Kelly Blue Book or others [...] However they feel that: Teachbook was unfairly riding on its coattails by using the suffix "book" to reference the larger site's established reputation.

      Given that teachbook is a social networking site but for a specialized niche, I think it's fair to say that they are doing that. In my opinion they should have that right, though. Trademark law makes sense - other companies shouldn't be able to impersonate yours, but that should be limited to there being an actual chance of confusion. Doing something similar as someone else, and profiting from an established market - well that's just capitalism. Facebook can always compete by having a better product.

      Facebook argues: If others could freely use 'generic plus BOOK' [...] the suffix BOOK could become a generic term for [...] 'social networking services'

      Again, I think that's probably true but that is how language works, and they should have to live with that.

    2. Re:Give Me A Break! by dynamo · · Score: 4, Insightful

      Not only must they live with that (..BOOK being a generic term for social networking services), but if there's such an obvious association, they should be thankful that they will be getting free advertising indefinitely, the way the big G does every time someone tells you to go google something.

    3. Re:Give Me A Break! by richlv · · Score: 3, Funny

      maybe they should rename themselves to facepalm

      --
      Rich
    4. Re:Give Me A Break! by mr_mischief · · Score: 5, Insightful

      I thought the phonebook was a way to look up your friends before facebook was. Or your little black book. Or your datebook. Or your yearbook. Or your address book.

      Silly me.

    5. Re:Give Me A Break! by HangingChad · · Score: 4, Informative

      Given that teachbook is a social networking site but for a specialized niche, I think it's fair to say that they are doing that.

      If you go to http://www.uspto.gov/ and search for "book" you get over 9.000 results, including hankybook, partybook, planbook mobook. I'm pretty sure this is FB's record. Their description of services pretty much covers the earth, moon and stars online. It seems overly broad, even including peer-to-browser photo sharing services namely, providing a website featuring technology enabling users to upload, view and download digital photos. I'm not sure how it got through without being narrowed.

      Normally there's a reference that says it's not an attempt to trademark a generic word (like "book") but I don't see that in FB's app. Probably because their mark is FACEBOOK and not FACE BOOK. I'm not entirely sure, I've only been through the process a couple times.

      Seems like a stretch to me. If their name was "teacherfacebook", then I'd side with FB. But trying to trademark "book" in the context of any online collection of individuals seems way out of line. Since one could argue that online repositories are merely a modern evolution of books, then you're basically letting FB trademark the world.

      --
      That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    6. Re:Give Me A Break! by El_Muerte_TDS · · Score: 3, Interesting

      And here I thought the name facebook was based on the well known real world counter part: yearbook

    7. Re:Give Me A Break! by deniable · · Score: 3, Funny

      Would you want to face HP over trademarks? "We're the biggest IT company on earth. We own Palm. You've set a lovely precedent." :) Faceplant is another option.

    8. Re:Give Me A Break! by AltairDusk · · Score: 4, Funny

      Apple: "Marines! surrender!"

      Marines: "WTF??? NEVER!!"

      Apple: "In 10 minutes we'll start bricking your iphones one by one if you don't!"

      Marines: "You do realize we can flatten your headquarters in minutes?"

      Apple: "Touchè"

      FTFY

    9. Re:Give Me A Break! by WrongSizeGlass · · Score: 3, Funny

      "I will google that on bing" (I've seen it somewhere)

      If you can't remember where you saw it you could try Binging it on Yahoo ...

    10. Re:Give Me A Break! by TheRaven64 · · Score: 4, Informative

      Facebook is a colloquial term for yearbook (the book that contains the faces of your classmates) in parts of the USA - I had an American girlfriend when Facebook launched who was surprised that I didn't know what a facebook was. It wasn't a word based on another word, they named the site after an existing generic term. Now they are complaining that the term is generic. Definite contenders for a 'you should have thought of that earlier' award.

      --
      I am TheRaven on Soylent News
    11. Re:Give Me A Break! by Anonymous Coward · · Score: 5, Insightful

      Or your old college face book.

      Face book is a generic slang term for a yearbook.

    12. Re:Give Me A Break! by boxwood · · Score: 3, Insightful

      do you think they would have named it teachbook, if there was no such thing as facebook? Seriously?

  2. uh what about this? by bronney · · Score: 4, Insightful
    1. Re:uh what about this? by rednip · · Score: 4, Insightful
      Who said that they hadn't sent a C&D letter to them? Chances are that TheFacebook had sent to many others, but the teachers figured that publicity would help their cause, and 'the media' picked up on it. I'd say that they were right to do so, as publicity doesn't get any cheaper. Of course the longer they hold out on the name, the more expensive it could get (lawyers, judgement, etc).

      Personally, I don't think that TheFaceBook has much of a case, particularly as 'Phone Book' would seem to be their 'root' concept.

      --
      The force that blew the Big Bang continues to accelerate.
    2. Re:uh what about this? by somersault · · Score: 5, Interesting

      Personally, I don't think that TheFaceBook has much of a case, particularly as 'Phone Book' would seem to be their 'root' concept.

      From Wikipedia:

      The original concept for Facebook was borrowed from a product produced by Zuckerberg's prep school Phillips Exeter Academy, which for decades published and distributed a printed manual of all students and faculty, unofficially called the "face book".

      Bloody hypocrites..

      --
      which is totally what she said
    3. Re:uh what about this? by Dumnezeu · · Score: 3, Funny

      They're not hypocrites. It clearly says that the name was borrowed , not stolen. I'm sure they're honest people and they'll pay the school sooner or later. We must consider Facebook to be innocent until proven guilty and, until now, there is no proof that they won't pay... right?

      --
      Yes, it's sarcasm. Deal with it!
  3. oh ffs by Anonymous Coward · · Score: 5, Insightful

    Oh man, fuck off, Facebook, you giant corporate retard.

    This trademark and patent stuff is getting beyond a joke. No-one will be able to do anything soon for fear of infringing on somethingorother from them or Amazon or Apple or MS or MPEG LA or blah blah because they claim they got to buttons or text or selling some bullshit first or some crap. No wonder innovation is drying up, piracy and sticking it to the man is rampant and no-one gives a toss about anything - everyone's too busy covering their own ass and hoping it will all magically go away.

    There's protecting your innovation, trademarks, rights, etc. and then there's being a giant muppet. Facebook is a giant muppet.

    1. Re:oh ffs by Anonymous Coward · · Score: 3, Funny

      I represent the estate of Jim Henson; we are hereby issuing a Cease & Desist request regarding the above post due to your use of our trademark "Muppet".

  4. ____book.com sites that predate facebook... by mrstu · · Score: 5, Informative

    Did some peeking on the wayback machine... domain names that were registered before facebook launched: flybook.com sportsbook.com buybook.com computerbook.com skybook.com Perhaps the most damning, though.... Buddybook.com.. this is from way back in 1999: "Welcome to Buddy Book.com, an innovative internet address book which helps keep track of all your online experiences." http://web.archive.org/web/19991128035308/http://buddybook.com/ It's not that similar to facebook, true... but it's a 'social' thing, which by their own logic, seems to be close enough... whoever owns that site ought to sue them!

  5. Nothing compared to what they did before... by Ecuador · · Score: 4, Informative

    Teachbook appears to be a social/community website, close to the area of what Facebook does. I would think that the "teachbook" name was chosen on purpose to be "facebook for teachers/teaching". Well, you can't do that without facebook going after you. IANAL so I don't know if facebook can or should prevail, but it seems to me that they sort of have a point.
    Now, contrast this to a previous action of facebook: http://techcrunch.com/2010/08/10/facebook-placebook/
    They went after a startup travel website, i.e. a site for you to book vacations in the places you visit called... well... placebook! I mean who better for the name placebook than a site where you book... places... The site in question had, in the end, to back down and change their name to triptrace: http://blog.triptrace.com/2010/08/19/we-tell-the-world-placebook-is-now-triptrace/ . Now THAT was ridiculous.

    --
    Violence is the last refuge of the incompetent. Polar Scope Align for iOS
  6. Re:If they really want to get vapourized by hippo · · Score: 4, Funny

    on second thoughts: FaceJet which will bring on Facebook, Easyjet and the porn industry.

  7. Book burning by Somewhat+Delirious · · Score: 4, Funny

    Normally I would be strongly opposed to that kind of thing but since Facebook appears to have completely lost the plot it seems we are facing the rare situation where a book burning is warranted.

    --
    The surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us.
  8. Phonebook ? by abies · · Score: 5, Funny

    I wonder if they will go after the telecoms - after all, phonebook is a kind of huge listing of phone-using community...

  9. also... by tdobson · · Score: 3, Insightful
  10. Boycott by Pesticidal · · Score: 5, Funny

    Someone needs to start a facebook group about boycotting facebook!

    1. Re:Boycott by muckracer · · Score: 5, Funny

      Likes this!

  11. Scandalous! by srussia · · Score: 3, Funny

    They should call this whole affair "Facebookgate".

    --
    Set your phasers on "funky"!
  12. Re:Contact the EFF by Khyber · · Score: 3, Insightful

    This would be called having them marked as a vexatious litigant.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  13. Re:You Fail by pinkushun · · Score: 5, Funny

    Zuckerberg, is that you?

  14. Re:You Fail by Spad · · Score: 5, Insightful

    How about -space as a social networking suffix? or -dot or -gadget for tech sites or the file- prefix for download sites?

    At which point does an entity get to decide that it owns a random word that forms *part* of its name? Just because they're the biggest? It would seem that they're not the first, so that argument doesn't stand up. Why -book and not face-, or will the face- lawsuits be coming shortly?

  15. Ummm... by Giometrix · · Score: 3, Insightful

    Wasn't teaching associated with books long before "social networking?"

    --
    Download free e-books, lectures, and tutorials at bookgoldmine.com
  16. Re:You Fail by Bucc5062 · · Score: 3, Interesting

    With FrostyPiss as a nickname...good possibility. I thought the same thing.

    --
    Life is a great ride, the vehicle doesn't matter
  17. My new website by bgarcia · · Score: 3, Funny
    I'm thinking of starting a new website and calling it FacePlace.com.

    No book in that name. I'm safe!

    --
    I'm a leaf on the wind. Watch how I soar.
  18. Flamebait article, flamethrowing comments by SpeedyDX · · Score: 4, Insightful

    The legal concern isn't just that they're making a similar competing product, or that there will be confusion that Teachbook IS Facebook. The concern is that there will be confusion that Teachbook is a product of the Facebook team or that it is endorsed by Facebook or that it is affiliated with Facebook in any way. There are many families of products that share a particular element in their names, so it's not a far-fetched concern.

    We've gone over this time and time again, for many different companies and products. Facebook is obliged by law to actively defend their trademark when the name of a competing product is similar and is in the same line of business. This is not a case where we can attribute any motivation to Facebook other than the fact that they're trying to carry out their legal obligations to retain their trademark. They risk losing the legal status of their trademark if they don't sue. Whether their claims are valid are for the courts to decide.

    Other posts have said "what about this? What about that?" There are a few considerations to take. Did, e.g., Fuckbook file a trademark application for its name? Are cookbooks social networking sites? Some of the suggestions are simply absurd.

    I mean, I hate trying to defend Facebook (indeed, I may even find Teachbook useful in a couple months' time), but you guys don't really have a problem with Facebook here. What you guys have a problem with is the law that requires Facebook to do stuff like this. But instead of recognizing this and having a meaningful conversation about whether or not trademark law is reasonable in its obligations, the editors allow flamebait articles like this on the site and get people all riled up not against the cause of the issue, but against only one of the many symptoms of the issue. Absolutely ridiculous. Quit feeding the trolls, guys.

    1. Re:Flamebait article, flamethrowing comments by anegg · · Score: 4, Insightful

      Your point is well-made, and I agree with most of what you say. However, I find that there is often value in the re-examination of practices and legal concepts by the ignorant legions of Slashdot contributors. Left alone, without review, legal practices such as trademark registration and defense become very specialized and separate from the real world. I think its useful for more-or-less ordinary people to run into the specialized jargon and practices and rant about them, possibly uncovering a certain amount of ingrown idiocy in the practices, and possibly effecting a change for the better. I've always been slightly idealistic, but without ideals, where would we be?

  19. 54 matches in /usr/share/dict... by KonoWatakushi · · Score: 3, Informative

    There are 54 matches in /usr/share/dict, though facebook isn't one of them.

    $ grep .book$ /usr/share/dict/words | xargs echo
    bankbook blankbook bluebook boobook cabook casebook cashbook chapbook checkbook classbook cookbook copybook daybook doombook dopebook guidebook handbook handybook herdbook hornbook hymnbook jestbook landbook lawbook logbook matchbook needlebook notebook outbook overbook passbook playbook pocketbook pollbook promptbook rebook roadbook schoolbook scorebook scrapbook shopbook sketchbook songbook spaebook storybook studbook stylebook talebook textbook tithebook waybook wordbook workbook yearbook

  20. Re:ApostropheDot.com anyone? by Anonymous Coward · · Score: 5, Funny

    How about backslashdot.com? It could be a highly biased, glorified blog that praises Windows and slanders Linux.

  21. What about my site BookBook? by clickety6 · · Score: 5, Funny

    Do you think they'll come after me for bookbook.com?

    It's a social networking site for chickens...

    --
    ----------------------------------- My Other Sig Is Hilarious -----------------------------------
  22. Actually... by Push+Latency · · Score: 5, Informative

    In my experience, a directory/book for private high schools and colleges which shows a head-shot of each student and faculty member, gives their address on campus and their home address, has been called a "Facebook" for a long time. And seeing as Facebook was originally open to only .edu users, I'm pretty sure that was the idea.

    That's what it was called at the school I attended in the early 90's anyway.

  23. Re:Cookbook by Anonymous Coward · · Score: 3, Interesting

    There go my plans for fuckbook where you can find new friends to screw and play fuckville and fuckwars.
    Well screw 'em Facebook can't have an account. The fuckers.

    Umm... They already have that:

    http://www.fuckbook.com/

  24. Re:Books.com - Barnse and Noble 1992 by morgan_greywolf · · Score: 3, Informative

    Trademarks don't work like that. Barnes & Noble isn't exactly an online social network; they're a bookseller. Since they're considered to be in different businesses, under law there is no conflict.

    Also, there is no concept of "prior art" in trademarks. If, for example, I have a registered trademark that I've used to identify my business, and I've used it successfully in commerce, it doesn't really matter whether or not you used the same thing or something similar first; I may still be able to successfully sue you after issuing you a cease and desist.

    IANAL, etc.

  25. luckily for me... by nycguy · · Score: 3, Funny

    I put Facebook on my shitlist.

  26. Yes, not the yearbook by IdahoEv · · Score: 3, Informative

    It's not the yearbook, it's the book of incoming freshmen released at the start of school. It makes it easy to, for example, figure out the last name of the hottie you met yesterday by looking up all the girls named "Lisa" and seeing which one looks like the one you remember. It often even has a first name index to make finding people you've just met easier.

    Common at small colleges / liberal arts schools across the US.

    --
    I stole this sig from someone cleverer than me.