I'd ignore them lol. they're talking the talk, wait until they walk the walk...
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...
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...
If the Patents are pending can you prevent them from being accepted as patents?..
Hi Guys for the advice.
I will give you a list of their pending trademarks.
FP AND Face.
Party Chat (Registered).
The Biggest Party on earth.
Nothing to do with FaceBuddies from what I can gather ?
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...
Thanks for the adive.
To be honest they cant think that my little site will be a threat..
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 .....
If those clunks actually succeed in tradmarking the generic word "face," then I'll eat THEIR face!..
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..
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..
Excellent ideas and food for thought!!.
Will implement some of them..
It's a bit silly they're trying to do it really, face is a generic word...
I have sent correspondents to faceparty with regards to this issue and have also informed FaceBook about intentions..
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..
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...
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...
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...
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!.
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...
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?)..
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.
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...
Just ignore this one, I don't think they can touch you....
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...
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?..
He posted in a forum... so I think he was expecting/requesting peoples thoughts and opinions...
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!..
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...
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)...
Cola is a perfect example.
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...
This is just Face Party using intimidation thru lawyers to scare you into stop using the name...
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...
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...
Have not heard anything from them, thanks for all the input guys, I guess they were just chancing their luck..
The site seems to be down at the moment. Any updates?..
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...
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...
False advertising is never good either..... with a million members online........1 million visitors a day... Total members 1396... priceless..
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.
Both TM's...both using Cola in a descriptive generic sense...as is the usage of FACE here...
Face is a generic word. Anybody can use this word in their domain names.
And no. They do not have a case...
How many times do I have to say they DO NOT HAVE "FACE" trademarked?..
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..
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.
Live/Dead Indicator LIVE..
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).
(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).
Law Office Assigned: LAW OFFICE 104.
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???..
Mistakenly thought I'd posted both TM rulings....Thanks for putting the important one up...
LMAO ignore it LMAO they are talking a load of you know what.....
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?..
Both sites have "the biggest party on earth." Who TMd this slogan?..
Looks like the guy from face buddies lifted the whole about us page from faceparty and added it to his site. Bad idea...