Can FaceParty.com do this

[fandie]

Hi

I have recieved a letter from Faceparty.com asking me to change my website name which is www.Facebuddies.com

They are saying the following

That withinn 14 days i change facebuddies.com to something thatdoes not include the FaceParty brand in particular the word FACE, or any other trade mark that is owed by us or anything in similar


They have also send me a list of their pending trademarks which are FaceParty across the world and the word FACE

Face Buddies is also my registered company

Where do i stand

 

[Marty Rogers]

i'd ignore them lol. they're talking the talk, wait until they walk the walk.

 

[boomers]

With it being such a generic word I would say youre Ok... I mean 'Face' is a word that is going to be used in many forms over and over again.

If your domain were 'ebaybuddies' then I would say that they have a point.

 

[labrocca]

Ignore them..do NOT reply. My advice is to force them to legal action if they wish to be serious. Legally though...they can't win this one and any good lawyer will tell them so.

 

[Robert Allen]

If the Patents are pending can you prevent them from being accepted as patents?

 

[fandie]

Hi Guys for the advice

I will give you a list of their pending trademarks

FP AND Face

Grim RITA

Instant Dialog

Party

Party Chat (Registered)

The Biggest Party on earth

Nothing to do with FaceBuddies from what i can gather ?

 

[Flaresolutions]

I personally feel they have no right to your domain but you'd have to speak to a lawyer regarding technicalities. Using the US government trademark website, as far as I can see, they dont hold any trademarks for the word "Face" and although it is in the same niche, you are just competition that they are trying to force out the easy way.

Although it is long established FaceBook.com is in the same website niche (social networking) and they have a trademark in place which could be helpful.


Dont let it go without a fight, I dont feel they have much standing against you unless you are specifically targeting their users. It is actually great for you that these trademarks are "pending" because you will have owned the website before they go live. Hold on to this domain.

 

[fandie]

Hi Guys

Thanks for the adive

To be honest they cant think that my little site will be a threat

 

[Lasher]

In fact, you could forward their email over to the folks at Facebook, they probably have a stronger case against FaceParty than Faceparty have against you.

Geez, what next, someone trying to claim ownership to anything with 'Easy' in the name?! Oops, never mind ... :bah:

 

[fandie]

Good point on the FaceBook issue

 

[bluesman]

If those clunks actually succeed in tradmarking the generic word "face," then I'll eat THEIR face!

 

[DNQuest.com]

i hate to say this, but I have to agree with Labrocca on this one. faceparty.com cannot lay claim to face as a TM, and there is no way party and buddies can be "confusing" unless buddies copied thier site from party. That is too much overreach

 

[GeneCosta]

Sell it to them for XX,XXX+. :hehe:

 

[Ronald Regging]

If the Patents are pending can you prevent them from being accepted as patents?

It's a TM, not a patent. And yes, when a TM is filed, there is a window of time where it is open to scrutiny (several years I believe). Anyone who thinks the filed TM infringes on their rights, can file a dispute and the TM agency will rule on these before granting a final mark. If the TM goes uncontested and passes the period of scrutiny, it becomes final and can no longer be disputed in any way.

I see the OP lives in the UK as it seems the owner of FaceParty does. If I were him, I would search for the UK government website for TMs and file a dispute on their TM application for "Face." This will not only show that you deny their claims of infringement, but that you are also claiming that their TM application infringes on the rights of your company...

Legally speaking, I think that would be the best approach. They don't have a shot in the world of taking your domain regardless, but why not cause them more difficulty if you get the chance

 

[fandie]

Excellent ideas and food for thought!!

Will implement some of them

 

[Koopa]

It's a bit silly they're trying to do it really, face is a generic word.

 

[fandie]

I have sent correspondents to faceparty with regards to this issue and have also informed FaceBook about intentions

 

[IAmAllanShore]

Did you miss the part where labrocca said not to email anyone?
That's about the worst thing you can do at this point.
Just provides them with material to use against you should push come to shove.
-Allan

 

[Flaresolutions]

Yes, do not email them again, I bet all your emails are just being forwarded straight to their laywers. Just leave it alone unless they push you some more.

 

[codyturk]

Ignore them..do NOT reply. My advice is to force them to legal action if they wish to be serious. Legally though...they can't win this one and any good lawyer will tell them so.

I have to agree with labrocca on this.