Facebook Sues Teachbook For Trademark Infringement – Here We Go Again

by Mark Malek

Do you remember that just a few days ago, in my previous article, I promised that I would continue to update you on the Facebook lawsuits that have recently been filed to prevent anyone from using either the word “Face” or “Book” in any way shape or form?  Well, as promised, here we go.  Back in August, Facebook sued Teachbook for trademark infringement claiming that Teachbook.com was riding on the fame of the Facebook mark (source).  This is another trademark dilution case.  Where is this all really going though?

This is yet another continuation of Facebook’s war against anyone who uses the term “Face” or “Book” within any type of vicinity of each other. I appreciate that Facebook is pretty popular, but I also appreciate that Facebook is pretty new to the trademark game.  Allow me to compare this situation to another popular trademark – McDonalsd.  I have some respect for why McDonalds goes up in arms when anyone uses a “Mc” anything, but have you noticed that they have done it the right way.  McDonalds doesn’t go after anyone and everyone that uses “Mc” in any way (they’d have a tough go at it with the Irish, but I digress).

For example, I know that the show, Gray’s Anatomy went through a season or two where some doctors were nicknamed using “Mc” – ok, I admit it, I watch the show, and know that they used “McDreamy” and “McSteamy” to nickname two of the doctors.  What do you want from me?  It’s a pretty good show!

Unlike McDonald’s, however, Facebook has unleashed their lawyers on anyone that uses “Face” or “Book” anywhere near the internet.  I think they may be taking it a bit too far.  I took a look at the Teachbook site and it certainly is a type of social networking site.  It is a self-proclaimed “professional community for teachers.”  Maybe this is a place where teachers can swap ideas.  Possibly even a place where some teachers may be of assistance to other teachers, where different styles of teaching can be shared, or even where lesson plans can be swapped.  I’m not a teacher, but I certainly think that this could do nothing more than help our students.

I find it odd that Facebook, allegedly founded by a guy who just donated $100million to a school system, would come down so hard on a group of teachers.  Please do not misunderstand me.  I realize that Teachbook is not a site where just a bunch of teachers are swapping ideas.  Clearly, someone is trying to make money off of it, as is evident by the several banner adds that are readily visible on the site.  From a purely legal perspective, Facebook may have a point.  With that in mind though, I do not think that their fame in the “Facebook” mark automatically entitles them to the exclusive rights to the words.  Is the intent here to remove these words from the dictionary for anyone else to use?

Let me send a quick appeal to the PR department over there at Facebook.  Cut a deal with the Teachbook folks that allows the site to operate as if they are supported by Facebook.  Maybe allow teachers to link their Facebook profiles in teacher groups via Teachbook.  There could even be a great big banner on the front of Teachbook that reads a little something like “Facebook proudly supports the education of our youth and encourages teachers to share their successes on Teachbook.”  Who knows – maybe when someone new goes on to Teachbook, they can start a profile via Facebook.  Doesn’t that just drive more traffic to Facebook, thereby making it more attractive to advertisers and possibly increasing revenue?

Apparently, Greg Shrader, of Teachbook, has vowed a trademark battle with Facebook.  Really?  I don’t know how well Mr. Shrader may be funded, but I highly doubt it is as good as the funding that Facebook has.  I am glad that Mr. Shrader is going to fight Facebook’s claims, but Facebook might just try to outspend him in litigation.  All the best to Mr. Shrader in his fight.  I do, however, hope that Facebook decides to settle this one and also decides to find a way to live with Teachbook.

I guess my point is – just because you can sue someone for trademark infringement doesn’t necessarily mean that you have to.