Facebook Trademark Infringement
Social media has made it possible for businesses to easily reach more people than ever before. In many ways, social media has leveled the playing field because it allows companies to quickly target specific consumers with pinpoint accuracy—and without a multimillion-dollar advertising budget. These sites also allow the creation of a trademark infringement in minutes.
A website that has been at the center of many trademark infringement claims is Facebook.com. If you believe that another party is infringing on your trademark rights on Facebook such as with a username or URL, we can assist you. All parties on Facebook are required to comply with trademark and copyright laws. Upon notice, Facebook itself has a duty to prevent trademark and copyright infringements.
Facebook has a complaint system by which a business can submit a complaint that another user is infringing on its rights. In our experience, having an attorney contact Facebook on your behalf gets faster results.
Unauthorized Use of Your Trademark
On Facebook, businesses with the same names that never would have competed in the past—say, ACME Widgets in New York City and ACME Widgets in Los Angeles—often directly compete with each other for the same customers. They could also both have legitimate claims to a Facebook page called “ACME Widgets.”
Trademark disputes can arise on Facebook in many ways. Perhaps you are a business owner who has established a Facebook page and are accused of infringement by an out-of-state company that you have never heard of. You could also come across another business that is selling similar products who has a logo that looks very similar to yours. Regardless of the situation, registering your trademark and retaining a trademark attorney is the best way to ensure that your rights are protected and that you are able to harness the reach of Facebook to grow your business.
Below are some ways that one of our Facebook trademark infringement lawyers can help you register your trademark and protect your intellectual property rights.
Registering Your Trademark Provides Legal Protections on Facebook
By registering your business name as a trademark with the United States Patent and Trademark Office (USPTO), you will establish certain rights that you can enforce against others who try to use your business’s name.
When obtaining a trademark, it is suggested that you conduct a trademark search and choose a trademark that is strong and legally defensible. In addition, the process also involves a trademark attorney determining that the trademark for which you applied is not confusingly similar to an existing trademark or one that has a pending application with the USPTO. As a result, if you obtain a trademark registration, you likely have a unique trademark that is not confusingly similar to other trademarks in use within your industry.
Having your business name registered as a trademark can help you remove existing Facebook pages that may infringe upon your name, because Facebook tends to defer to parties who can establish ownership of registered trademarks. In addition, if you have a registered trademark, your trademark is presumed valid in the absence of evidence to the contrary, which can provide a tactical advantage in a Facebook dispute.
Facebook Cease and Desist Letter
If your trademark has been infringed on Facebook, the first step is usually a cease and desist letter. If you need to send a Facebook related cease and desist letter, or if you have received one, please see our trademark cease and desist letter page.
If you have a Facebook trademark issue, contact Mandour & Associates Today
Facebook has created opportunities for businesses to easily connect with consumers in ways that were difficult years ago. Facebook has also created new opportunities for legal disputes to arise between businesses with similar names. If you have a question about trademark rights on Facebook, or have a Facebook related dispute, please feel free to contact us.