Quote:
Originally Posted by Mike Dutch
Decent post from another board:
I know Facebook owns a trademark, but my point is just that ‘facebook’ is a generic word and if people are using it for it’s original meaning, it should be ok.
For example, a school or business that wanted to have a facebook of their students or employees should be ok.
With FacebookofSex, are people actually getting confused that this is the Facebook.com site? The case shouldn’t rest solely on the fact that ‘facebook’ is in the domain name.
A facebook (long before Facebook.com started) was originally a directory of people’s photos and information of a certain place or institution. So anyone using the word in this manner should be ok.
It would be like owning Apple.com and preventing anyone from using ‘apple’ in their domain name from selling apples or fruit related products.
To me it isn’t a straightforward verdict and should be argued in court by both sides. If I were Friendfinder I’d be arguing that ‘facebook’ is generic.
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apple is a lot more generic than facebook. facebook, relatively speaking really wasn't that popular of a phrase before "facebook.com" started using it. it is 100000000000x more popular now. I was in college until 99, i don't remember ever hearing "facebook" until it became a site.
It's not like AFF mentioned " come see our facebook" or some other text on one of their sites. They named their site facebookofsex" error!!