When it comes to trademark infringe- ment, Facebook, is slinging stones in a wide circle as they confront a variety of potential offenders. They have successfully shot Vetbook, and catapulted Doctorbook. Their latest swing is aimed at Teachbook, and accusations are many including federal trademark dilution, trademark infringement and unfair competition.Although Teachbook alleges that when they applied for a trademark, the U.S. Patent and Trademark Office found "no similar marks" on record, it is important to remember that trademark rights are often established through use, not solely registration.
Based on recent history, Facebook is intent on keeping the name 'book' out of a social networking site. But they've fought broader scuffles in the past. In late 2009 PlaceBook, a travel organization site, was forced to change their name, after threats from the social network giant. Per the PlaceBook blog, "We didn't believe anyone could own the word 'book' apart from 'face'...We knew of a number of websites that had similar names that were clearly not copying Facebook: Cookbook, Blackbook, eBook, RunBook ... Racebook, Casebook, Tastebook." However, PlaceBook soon conceded citing the fact that, "as a start-up we were in no position to fight."
Unlike PlaceBook's capitulation, Teachbook has vowed to fight. If you are a sucker for the underdog, or simply feel Facebook is a big internet bully, you may find yourself siding with the small educator social networking site, which this morning had only 4 active members online.
Facebook is attempting to enforce trademark rights they may or may not even have. With Teachbook it seems another David and Goliath trademark battle is ensuing, but unlike the biblical version, I'm not certain I'd place my money on the David of this match.
Sample Test Question Task 1-A-4
When preparing a contract, in order to protect intellectual property, supply managers should be alert to ALL of the following:
A) Patents, Copyrights, Trademarks, Indemnification, Royalties
B) Patents, Copyrights, Trademarks, Confidentiality, Payment Terms
C) Patents, Trademarks, Confidentiality, Insurance, Royalties
D) Patents, Copyrights, Trademarks, Licensing, Confidentiality
1 comment:
Although all the answers contain items that should be considered when preparing contracts and agreements, answer D) Patents, Copyrights, Trademarks, Licensing, Confidentiality is correct. These are all items that a supply manager should be alert to in order to protect intellectual property.
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