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

 

[mrfike]

So, what you're saying in essence, is if I wanted to open a website with interactive stock quotes/news, I also could not use the words "Market" or "Watch" in any way? Or if I wanted to open a website focusing on videos I could'nt use the terms "You" or "Tube" in any way? ??
Maybe if I wanted to open a website dealing with medical issues I wouldn't be able to use the terms "MD" or "Web"? Come on...
Get real, read a law book or 2.

While many may disagree that someone could have rights in the term FACE, you need to take into account that you are both are using FACE for a networking website.

 

[verbster]

Maybe you could find a good example of the same kind of website that uses the generic word "party" in it (which should be easy) that precedes their TM or usage. Put the shoe on the other foot.

 

[fandie]

Have not heard anything from them, thanks for all the input guys, i guess they were just chancing their luck

 

[jberryhill]

I have sent correspondents to faceparty

...with gun aimed squarely at foot...

 

[Traveler]

The site seems to be down at the moment. Any updates?

 

[robertjr]

CR&P!!!!

I just hate it when I agree with labrocca, DNQuest & Allan all in the same thread, but then the great jberryhill comes along and....
I have to agree with him too??? You would think all the planets have aligned or kicked one out of the club or something .

KG- I think I would stick to the advice given by those with a little star power. Good luck with the site.

 

[Traveler]

Dude,

I would take off the text from their site. Stealing their about us page and putting it on your site is probably a really bad idea. Only gives fuel to their fire and sets you up for a really nasty lawsuit.

 

[DNQuest.com]

False advertising is never good either..... with a million members online........1 million visitors a day... Total members 1396... priceless

 

[labrocca]

taking there Face trade mark

Ugh...that's the point now isn't it...they DO NOT HAVE A TM FOR THE TERM FACE.

Read this thread....again and again...until you understand that.

Coca-Cola
Pepsi-Cola

Both TM's...both using Cola in a descriptive generic sense...as is the usage of FACE here.

 

[ablaye]

face is a generic word. Anybody can use this word in their domain names.
And no. They do not have a case.

 

[labrocca]

My job is law related, and as because they have the word FACE trademarked it means facebuddies can be sued he will not win at the patent for Face has allready been passed

How many times do I have to say they DO NOT HAVE "FACE" trademarked?

 

[DNQuest.com]

My job is law related, and as because they have the word FACE trademarked it means facebuddies can be sued he will not win at the patent for Face has allready been passed

Did you read Labrocca's posts? he is correct about the term face...

your job is law related, but it doesn't seem to be TM related. "patent" for face... ugh

 

[verbster]

Word Mark FACEPARTY
Goods and Services IC 038. US 100 101 104. G & S: Providing on-line chat rooms for transmission of messages among computer users concerning social and entertainment subject matter. FIRST USE: 19990324. FIRST USE IN COMMERCE: 19990324
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 01.01.03 - Comets; Stars with five points
Serial Number 78227229
Filing Date March 19, 2003
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition February 17, 2004
Registration Number 2840248
Registration Date May 11, 2004
Owner (REGISTRANT) CIS Internet Ltd TA Faceparty.com CORPORATION UNITED KINGDOM The Bardfield Centre Great Bardfield Braintree Essex UNITED KINGDOM CM7 2TZ
Attorney of Record Tomas F. Dunn
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

 

[DNQuest.com]

You should know the TM is for the graphic logo......

Now read this one (this is for the term "faceparty").....

Thank you for your request. Here are the latest results from the TARR web server.
This page was generated by the TARR system on 2006-09-02 02:46:39 ET

Serial Number: 79016164 Assignment Information

Registration Number: (NOT AVAILABLE)

Mark


(words only): FACEPARTY

Standard Character claim: Yes

Current Status: An office action making FINAL a refusal to register the mark has been mailed.

Date of Status: 2006-06-12

Filing Date: 2005-03-16

Transformed into a National Application: No

Registration Date: (DATE NOT AVAILABLE)

Register: Principal

Law Office Assigned: LAW OFFICE 104

Attorney Assigned:
RIRIE VERNA BETH Employee Location

Current Location: L4X -TMEG Law Office 104 - Examining Attorney Assigned

Date In Location: 2006-06-12


So, you wanna try this again???

 

[verbster]

Mistakenly thought I'd posted both TM rulings....Thanks for putting the important one up.

 

[NeeJam]

LMAO ignore it LMAO they are talking a load of you know what...

 

[labrocca]

Current Status: An office action making FINAL a refusal to register the mark has been mailed.

You guys should all know that if DNQ and I ever agree....that we are right. Good post Phil...most people do seem versed well enough though to know this was bull.

I wonder if OP is even reading this thread anymore?

 

[homebuyer]

Both sites have "the biggest party on earth." Who TMd this slogan?

 

[Traveler]

looks like the guy from face buddies lifted the whole about us page from faceparty and added it to his site. Bad idea.