Infringement...or not?

[Lama26]

I saw somewhere that no one can any longer create a website/domain with 'Face' in it because, apparently, Facebook has trademarked the word? Is this true? What if your intent has nothing to do with social media? What if, say, you have a product that is applied to the face, either for medicinal or aesthetic purposes, and want to name such a product with 'Face' in it, to make it intuitive? What if it is something else I want to use it on, even for not what is mentioned here?

 

[ulterios]

That is NOT true, you CAN have a domain name with the word "Face" in it and be fine. Look at the Apple inc. domain "FaceTime.com as an example. A word like that can NOT have a blanket Trademark covering every possible use of the common word. They CAN get a TM for a particular field.

You will be fine, just don't go getting one and slap up a cheap social media website on it.

 

[Lama26]

That is NOT true, you CAN have a domain name with the word "Face" in it and be fine. Look at the Apple inc. domain "FaceTime.com as an example. A word like that can NOT have a blanket Trademark covering every possible use of the common word. They CAN get a TM for a particular field.

You will be fine, just don't go getting one and slap up a cheap social media website on it.

@ulterios
Hmm. Interesting. So I can use a 'Face...' domain for anything else but social media? Sounds good.

 

[ulterios]

@ulterios
Hmm. Interesting. So I can use a 'Face...' domain for anything else but social media? Sounds good.

You can use it for anything that someone holding a trademark for that word doesn't have a TM in. That's the case with all words, not a Facebook TM. Stay out of the field that the TM holder has a TM in and don't try to profit from their TM in any way, and you'll be fine.

 

[jberryhill]

I saw somewhere that no one can any longer create a website/domain with 'Face' in it because, apparently, Facebook has trademarked the word? Is this true?

No, it's not true.

A while back, FB had purchased rights in a registration application that was originally filed by another party. The application advanced to allowance, but FB never followed through with a statement of use, and the application went abandoned.

Word Mark FACE
Goods and Services (ABANDONED) IC 038. US 100 101 104. G & S: Telecommunication services, namely, providing online chat rooms and electronic bulletin boards for transmission of messages among computer users in the field of general interest and concerning social and entertainment subject matter, none primarily featuring or relating to motoring or to cars
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 78980756
Filing Date December 1, 2005
Current Basis 1B
Original Filing Basis 1B;44D
Published for Opposition May 25, 2010
Owner (APPLICANT) FACEBOOK, INC. CORPORATION DELAWARE 1601 Willow Road Menlo Park CALIFORNIA 94025
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record Anne Peck
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date December 30, 2013

 

[Willox Perez]

As many have stated this is definitely not true sine Face is such a common term. What I do know is that if you have Face.com for example and you have content about Facebook they can come after you since you are misrepresenting their brand.

I find it very interesting because in the case of Apple they took a fruit name and turn it into their brand and their logo is a freaking apple. That was very clever. In the case of FaceBook they took 2 common words, Face & Book and put it together to make their own brand.

- Will

 

[Lama26]

Thank you guys for your responses. Very reassuring, these. With companies willing to slam and crush anything and everything that appears to stand in their way, even if only a mirage, one can never to be too careful.
These responses are very helpful. Thank you all for taking the time.