Facebook - Possible Misuse of Your Trade Mark - How to Protect Your Trade Mark on Facebook
By Karen Hayne, Partner
12 June 2009
With over 200 million users worldwide, popular social networking website Facebook has recently announced it will make available personalised URLs for its users from 13 June 2009 at 12.01am U.S EDT (2.01pm Saturday Australian Eastern Standard Time).
What will happen?
Facebook users will be able to create customised URLs for their Facebook pages, for example:
- facebook.com/nameofuser
- facebook.com/yourtrademark
- facebook.com/bobjones.
The URL chosen is determined by the Facebook user at their discretion or by using suggestions provided by Facebook. These options were not previously available for Facebook users. Previously, each Facebook user was assigned a randomly allocated number, for example id=1964879452. From 13 June 2009, Facebook users will have the option to reflect their identity in the Web address for their profile pages via their own customised URL.
Possibility for trade mark misuse as a URL?
It is possible that a Facebook user will be permitted to register your trade mark as part of its URL unless you have taken steps to prevent it.
Steps to take to prevent infringement
Facebook has provided a mechanism for trade mark owners to protect their rights. You can access the ''Preventing the Registration of a Username" form available at http://www.facebook.com/help/contact.php?show_form=username_rights to record your trade mark rights. Your completed form will advise Facebook of your trade mark(s) or other protected name(s) and request that they not be made available to Facebook users for use as part of a URL.
Facebook retains the right to remove and/or reclaim any username at any time for any reason. In our view, prevention of infringement in this simple way (by submitting the form) may prove far easier than finding a cure if your/your company's rights are infringed further down the track.
If you require any more information or assistance, please contact any member of Addisons' IP team.