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I need advice from you guys!!! very strange thing!

Discussion in 'FaceBook' started by kauhywka, Oct 28, 2015.

  1. kauhywka

    kauhywka Junior Member

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    I own facebook group from beginning of 2014, it is growing and become popular
    today I got message from one man that I should change my group name(it called like facebook.com/ourbestnews)(example)
    because he is owner of ourbestnews.com(example) and it is his trademark, if I will not change fb will ban me
    I have read fb rules again and found that I am not doing smth wrong also I checked his domain and it is 2 months old - so my group is more older
    so should i really change soething or it is scammer cuz a lot of groups are using the same group names as bestnews popularnews etc
    wat do u think?
     
  2. Inception_AC

    Inception_AC Jr. Executive VIP

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    ask him for his details, name address. a real business will have no problem sharing this with you
     
  3. islandman1010

    islandman1010 Elite Member

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    Ask him which trademark registrar her used. (He wont have one I am sure)
     
  4. Ellie4294

    Ellie4294 Regular Member

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    I dont think you are going to have an issue for a new domain or business because you are older and legit.
     
  5. eyerish

    eyerish Regular Member

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    It really depends on a number of factors. When he started using his domain in business. If you were first, then you will easily win. Does he have a trademark? I highly doubt it. My guess is no. Tell him to fuck off. Send him a message stating that you started using the name before he even purchased his domain.

    Here is a rundown:

    [h=2]Trademark - First Use In Commerce[/h]The law surrounding a trademark can be confusing. Don't let it be. The concept of first use in commerce is the foundation of every thing you need to know about trademarks.
    The law is not always based in common sense. I certainly don't have to tell you that with all the court decisions you hear about or the stupid warnings on your mattresses. In fact, it is a rare field where the law not only is fairly understandable, but makes sense as applied to the real world. The good news is trademark law is one of these rare niches.
    The first thing to understand about trademarks is the law favors their use. In fact, it goes farther than that. The law calls for their use in the field of commerce and gives huge credence to those parties that do so. This concept is known as first use in commerce and it pretty much means what it suggests. The person or business who first uses the mark in commerce is the owner.
    Let's consider an example. I come up with a cool logo and use it on this site. I don't register it. A year later, another company comes up with the same logo, but in a different color and registers it with the Patent & Trademark Office. Who owns the mark? Based on the concept of first use in commerce, I do. Public policy favors the use of the mark in commerce as quickly as possible, so I win.
    Register?
    The obvious question you should be asking yourself is if this is the case, why register with the Patent & Trademark Office? There are a couple of reasons. It creates a bright line in the sand of time in regard to when you use it. You also are given legal presumptions that help massively if a dispute ever arises with another party. You can read the Registration section of our site to learn more about the benefits.
    Seen It
    So, what does this mean in the real world? It means that you need to really think about the mark you want to register. Specifically, where did the idea come from? If you are basing it on something you saw, you are probably facing an infringement dispute because the other party used the mark first in commerce and owns it under the law.


    Assuming that a trademark qualifies for protection, rights to a trademark can be acquired in one of two ways: (1) by being the first to use the mark in commerce; or (2) by being the first to register the mark with the U.S. Patent and Trademark Office ("PTO"). 15 U.S.C. � 1127(a). Remember, however, that descriptive marks qualify for protection (and can be registered) only after they have acquired secondary meaning. Thus, for descriptive marks, there may be a period after the initial use of the mark in commerce and before it acquires secondary meaning, during which it is not entitled to trademark protection. Once it has achieved secondary meaning, trademark protection kicks in.

    The use of a mark generally means the actual sale of a product to the public with the mark attached. Thus, if I am the first to sell "Lucky" brand bubble-gum to the public, I have acquired priority to use that mark in connection with the sale of bubble-gum (assuming that the mark otherwise qualifies for trademark protection). This priority is limited, however, to the geographic area in which I sell the bubble gum, along with any areas I would be expected to expand into or any areas where the reputation of the mark has been established. So, for example, if I sell pizza in Boston under the name "Broadway Pizza," I will probably be able to prevent late-comers from opening up a "Broadway Pizza" within my geographic market. But I will not be able to prevent someone else from opening a "Broadway Pizza" in Los Angeles.The other way to acquire priority is to register the mark with the PTO with a bona fide intention to use the mark in commerce. Unlike use of a mark in commerce, registration of a mark with the PTO gives a party the right to use the mark nationwide, even if actual sales are limited to only a limited area. This right is limited, however, to the extent that the mark is already being used by others within a specific geographic area. If that is the case, then the prior user of the mark retains the right to use that mark within that geographic area; the party registering the mark gets the right to use it everywhere else. So, for example, if I register the mark "Broadway" in connection with the sale of pizza, the existing "Broadway Pizza" in Boston retains the right to use the name in Boston, but I get the right to use it everywhere else.
     
  6. eyerish

    eyerish Regular Member

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    Turn it around on him. Tell him that trademark law suggests that you can make him stop using his domain name because you have been using it in commerce since early 2014 and you order him to cease and desist from any use of your trademark as it could cause consumer confusion and dilution of your own business efforts. Tell him your attorney will be in touch with him about potential damages.
     
  7. berkay1907

    berkay1907 Senior Member

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    No you shouldn't change it because he is just being a smartass and trying to threaten you with his 2 months old domain. Why not just register domains with the names of biggest groups on fb and threaten them for trademark then?