Facebook v. Shagbook

 Facebook continues to defend the Facebook trademark from various porn and dating websites trying to cash in on the popularity of the social network.  Most of these companies either use “face” or “book” or some variation in their name. 

Another method websites are using to cash in on the Facebook mark is by using the most common typos known as “typosquatting.” Typosquatting is when someone attempts to type Facebook in their browser and mistypes the name taking them to a website with the domain name that is using the typo.  Most recently Facebook filed suit against 25 domain owners for typosquatting using domain names such as facebobk.com, facemook.com, wwwfacefook.com, ffacebook.com and faecbook.com.  

On June 1, 2011 Facebook filed a Notice of Opposition with the United States Patent and Trademark office to prevent registration of a trademark for Shagbook.  Facebook’s opposition claims a likelihood of confusion and dilution of the Facebook trademark. 

Shagbook, like the name suggests, is an online adult dating and adult social networking website.  The term dating is used very loosley here.  A review of their website (research purposes only) suggests as to why they are the best “no strings attached matchmaking service. Below is a copy of paragraph 15 found on page 4 of the Notice of Opposition. Follow the link for a complete copy of the Notice of Opposition found on Scribd.com. 

According to the Lanham Act “§ 43 (15 U.S.C. § 1125). False designations of origin; false description or representation

 (a) (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which—

(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or”    

Lets see, if Facebook is a social networking site and Shagbook is kind of a social networking site except for the “shag” part. I think the Gods will be in Facebook’s favor.  There is definately some confusion or at least dilution of the Facebook mark there. When I think of the term “book” used with any other word I don’t think of the internet unless its in conjunction with Facebook or I am actually trying to buy a book on the internet.  When I get an update on this suit I will fill you in. 

Have an awesome weekend!