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]

Come on, just forget about it!
They can't possibly expect to TM, REg, Patent, Copywrite or do anything at all to take the word "Face" out of every dictionary ever printed, to make anyone who writes it or says it pay a royalty to them. They have no right to the word face. Their company name, in their particular county/state/country/region- yes, the word face in general- No way no how, never.
As was said earlier, ignore them.

 

[Dave_Z]

They can't possibly expect to TM, REg, Patent, Copywrite or do anything at all to take the word "Face" out of every dictionary ever printed, to make anyone who writes it or says it pay a royalty to them. They have no right to the word face.

Oh, but they do have a right to the word face. However, that can depend if:
a) they filed an application and were eventually granted a trademark including
the word face, b) the registered trademark doesn't include any disclaimer on
the word itself, and c) the domain name's usage is infringing their TM.

Whether they have trademark rights or not will be decided by a panelist or a
judge if it comes to that.

 

[labrocca]

Oh, but they do have a right to the word face. However, that can depend if:
a) they filed an application and were eventually granted a trademark including
the word face, b) the registered trademark doesn't include any disclaimer on
the word itself, and c) the domain name's usage is infringing their TM.

Whether they have trademark rights or not will be decided by a panelist or a
judge if it comes to that.

Incorrect...they have rights to the word "FACE PARTY"... Just like Pepsi is Pepsi Cola...Face is incredibly descriptive and generic. They are just stretching their muscles but it's all air.

 

[bluesman]

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

Records show that faceparty regged their name before you regged yours this year, but they haven't been around very long, either (only since 2000). Checking their site, they seem to be a weak Brit version of myspace, so maybe myspace should be alerted to that fact.

I was also going to (jokingly) suggest that you drive both the faceparty AND the myspace people crazy by also regging myface.com. But guess what? Someone already did - and they beat faceparty to the punch by a year!

LOL

 

[stuart_domains]

tell them that you are willing to go to court because they have NO chance of winning or you will sell them the domain name for $1 million.

 

[fandie]

Umm would be nice lol

 

[btrader]

It is probably a situation where they sent out similiar threats to dozens of people, many will cave - out of fear. They will pick those up for nothing.

I would send a certified letter stating very simply - that you are the owner of this domain, and that you are not violating any registered trademarks.

I would stick the copy of the letter and the certified receipt in my file cabinet - and 99% of the time you will never hear from them again.

THIS IS JUST MY LAY-PERSON ADVICE, I AM NOT GIVING LEGAL ADVICE - FOR THAT YOU SHOULD SEEK A QUALIFIED ATTORNEY (nice disclaimer, huh?)

 

[fandie]

I dont think i will hear from them again to be honest

Probs does not make any difference but my site facebuddies.com is a PLC company

Probs makes no difference to trade marks

 

[HockeyGirl71]

You could very well have a problem. This goes beyond a domain name issue as you are using Face Buddies as a trademark. 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. Since your site has only been around for a few months, and theirs a few years, you may want to "save face" (ahem) and consider a change.

 

[btrader]

You could very well have a problem. This goes beyond a domain name issue as you are using Face Buddies as a trademark. 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. Since your site has only been around for a few months, and theirs a few years, you may want to "save face" (ahem) and consider a change.

Uh - Wrong, So is Face Book.com --- I dont think this is an issue.

 

[AMDWarrior]

Just ignore this one, I don't think they can touch you..

 

[labrocca]

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

Can you post the EXACT email you got? I want to know how they claim their rights and your violations. The worst thing you can do is respond and acknowledge their TM.

 

[DNQuest.com]

I find it funny how the rash of postings are basically stating "yes" or "no" or saying someone is wrong with no qualifying opinion or insight. In domaining, there is more than one factor considered in determining infringement on a TM. It is not always a simple right/wrong answer. Many times, it is interpretation and opinion of a panel or judge.

No one can have rights to the word "face" in simple terms. But in complicatied terms, someone can have "face" as a TM. It may be part of a greater TM, but it is the "similar" or "confusingly similar" phrase that must be interpreted. Could faceparty and facebuddies be "confusingly similar? Personally, I think they are overreaching, the there is usage... they are both networking sites, could faceparty show you picked the name to hopefully gain traffic and misleading people to your site?

 

[boomers]

I find it funny how the rash of postings are basically stating "yes" or "no" or saying someone is wrong with no qualifying opinion or insight.

He posted in a forum... so I think he was expecting/requesting peoples thoughts and opinions.

 

[DNQuest.com]

He posted in a forum... so I think he was expecting/requesting peoples thoughts and opinions.

Sorry, I meant the replies to the OP.

 

[GIANTWEED]

There is nothing silly about what faceparty.com are doing...they must try and protect their pending trademark in order to maintain their legal right to the brand name they consider legally belonging to them...

Of course "face" is generic and so is "party" but that is not the issue really...the "faceparty" trademark application is for: "Providing on-line chat rooms for transmission of messages among computer users concerning social and entertainment subject matter" so if you have a site doing something that is similar then that is just fine but if you try and bring in a domain name or brand that is perhaps confusingly similar, like "facebuddies", then the legal weasels will pounce and with legitimate reason! The FaceParty application at the USPTO claims a first use of March 24,1999...the opposition period where you could have challenged their claim to the name has long passed and the trademark (at least in the lowly US courts) has been granted....

Your website ... FaceBuddies.com was registered in 2006...and does seem to be a site that is "Providing on-line chat rooms for transmission of messages among computer users concerning social and entertainment subject matter." so in my opinion they have every right to try and stop you and will likely win in the end. You registered a domain and started a site that is eerily similar...and I think you will end up losing in the end because of that...if your facebuddies site sold an anti-dog-biting collar called the "face buddy" then there would likely be no problem but your site seems to want to be the same sort of site with the same sort of name...ummmm...does this strike you as ok?

I'm not a lwayer and I don't play one on tv but take it from my experience...the domain name and trademark business is a long and laborious nightmare that you may not want to get into!

Two years ago we got involved with a legal fight over a domain name and we had no money to hire a lawyer and spent many long nights preparing and submitting legal briefs to defend our claim because we definately had a legitimate case...I don't think you will win in the end...that's just my opinion but I look at the facts and the dates and if I was a lawayer on faceparty side I would have no trouble pointing out the infringement nuances.

My incredible story about our domain battle that is still going on is at http://www.totalmanipulation.com/trademark.html and it proves that if you think you are in the clear then do your homework and make sure you are in the clear!

In this case....your face is base! :imho:

 

[labrocca]

There is nothing silly about what faceparty.com are doing...they must try and protect their pending trademark in order to maintain their legal right to the brand name they consider legally belonging to them...

Of course "face" is generic and so is "party" but that is not the issue really...the "faceparty" trademark application is for: "Providing on-line chat rooms for transmission of messages among computer users concerning social and entertainment subject matter" so if you have a site doing something that is similar then that is just fine but if you try and bring in a domain name or brand that is perhaps confusingly similar, like "facebuddies", then the legal weasels will pounce and with legitimate reason! The FaceParty application at the USPTO claims a first use of March 24,1999...the opposition period where you could have challenged their claim to the name has long passed and the trademark (at least in the lowly US courts) has been granted....

Your website ... FaceBuddies.com was registered in 2006...and does seem to be a site that is "Providing on-line chat rooms for transmission of messages among computer users concerning social and entertainment subject matter." so in my opinion they have every right to try and stop you and will likely win in the end. You registered a domain and started a site that is eerily similar...and I think you will end up losing in the end because of that...if your facebuddies site sold an anti-dog-biting collar called the "face buddy" then there would likely be no problem but your site seems to want to be the same sort of site with the same sort of name...ummmm...does this strike you as ok?

I'm not a lwayer and I don't play one on tv but take it from my experience...the domain name and trademark business is a long and laborious nightmare that you may not want to get into!

Two years ago we got involved with a legal fight over a domain name and we had no money to hire a lawyer and spent many long nights preparing and submitting legal briefs to defend our claim because we definately had a legitimate case...I don't think you will win in the end...that's just my opinion but I look at the facts and the dates and if I was a lawayer on faceparty side I would have no trouble pointing out the infringement nuances.

My incredible story about our domain battle that is still going on is at http://www.totalmanipulation.com/trademark.html and it proves that if you think you are in the clear then do your homework and make sure you are in the clear!

In this case....your face is base! :imho:

And what's your opinion about FaceBook.com? Because if FaceParty has a TM over FaceBuddy then FaceBook has it over FaceParty. Sorry but it's very doubtful FaceParty can win this. The term Buddy and Party are NOT related and FACE is used in a generic descriptive sense here. It's not going to fly imho.

 

[DNQuest.com]

We do allow fair competition, just because one generic term is the same of a multi part phrase, that does not mean that one party has rights to it over another party (pardon the pun).

 

[labrocca]

Cola is a perfect example.

Coca-Cola
Pepsi Cola

Those are both trademarks. Cola is used in a generic descriptive sense. You might want to use this as an example if they UDRP you.

 

[namey]

This is just Face Party using intimidation thru lawyers to scare you into stop using the name.