Facebook.com is suing Teachbook.com a social media start-up of 2 employes that provides a forum for teachers, currently 20 users. Seems almost immoral, right? This is not about competition, my friends. Its about maintaining trademark quality. The same suit would (and needs to) happen if a larger company tried a similar stunt. Simply because the company is small doesn't mean the rules get relaxed for them. Facebook.com is legally doing what is required to keep the quality of their trademark. This is already tough because they combined two generic words for their mark. Generic words are the weakest mark where as a strong mark is unique or fanciful. The only other way to create a strong mark is by hard work; the mark must be widely known. Facebook.com provides a popular service and deserves to protect that interest. Teachbook.com is trying to take the goodwill and fame of Facebook.com and add it to themselves, which is similar to misappropriation.
The Slashdot article takes an overly simplistic view of the situation. "Book" is the commonality, but "book" could never be a good mark by itself. Teachbook.com says "book" is simply related to teachers and school, however, the effect and goal is obviously to refer to Facebook. That reference is the relationship Facebook.com has created with social media, that Teachbook.com is trying to ride without putting in time and effort to obtain the same mark effect. Like parodies, the goal and effect is based on the between-the-lines reference. If Facebook.com didn't exist Teachbook.com would bring to mind a textbook trading site, not a social forum for teachers. Facebook.com is appropriately taking action to protect the quality of their mark, the same would have to be done with any sized business trying to do the same.
The Slashdot article takes an overly simplistic view of the situation. "Book" is the commonality, but "book" could never be a good mark by itself. Teachbook.com says "book" is simply related to teachers and school, however, the effect and goal is obviously to refer to Facebook. That reference is the relationship Facebook.com has created with social media, that Teachbook.com is trying to ride without putting in time and effort to obtain the same mark effect. Like parodies, the goal and effect is based on the between-the-lines reference. If Facebook.com didn't exist Teachbook.com would bring to mind a textbook trading site, not a social forum for teachers. Facebook.com is appropriately taking action to protect the quality of their mark, the same would have to be done with any sized business trying to do the same.
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