Quote:
Originally Posted by Fornicating
Its not the word Face that is the problem, they have said that it is a combination of using a combination of the words Face or Book, when also used in conjunction as some form of Social Networking Site.
Facebook is a registered mark, so using part of their registered mark (Face) in the same niche (Social Networking) is trying to gain advantage by association with the actual trademarked name, Facebook.
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The U.S. Patent and Trademark Office awarded me a Service Mark for a website name that was comprised of two words, one of which is shared by a competitor in the same International Class. Facebook has no more entitledment to the word "face" or "book" than a company like Airgas would over "air" or "gas".
Having said this though, the screenshot above showing the use of the same font and color on the apparrel is possibly a gray area. i would consult an IP attorney on that matter. I've found that law firms that have already been involved in litigations against an entity are willling to offer a lower rate on cases that add fuel to the fire on their pending cases. You might try Howard Rice Nemerovski Canady Falk & Rabkin.