backdrop platonic: Mark Zuckerberg didn't write this entry. |

It never occurred to me that any book I write could be called a Face book, but I wonder now if it might occur to Facebook, Inc someday. I got an email yesterday from someone on Facebook?s legal staff (who may or may not be automated software) objecting to my ownership and use of a particular domain name, jonathanfacebook.com.

As you will see if you click on it, I don?t use it for anything beyond sending people to my personal Facebook page. I just thought it was a semi-funny way to tell people I meet how to find me online. Facebook, however, says that this is an infringement of their ?famous trademark? as the domain in question contains the word facebook.

In their defense, I do sort of?get their objection. Facebook is a brand and they don?t want anyone to hurt their image. Companies have been screwed over by misrepresentation of their trademarked logos and names. When I was a simple salaryman at Google, the ole? Google Work-At-Home Kit scam was in full swing. Remember that? Suzie McHousewife earns $5,000 a day submitting links to Google?s search engine, and now she wants to sell you the secret to her success for one low, low price! CLICK HERE FOR $$$ NOW.

On the other hand, though, it?s my legal name, and I have the yellowed, typewriter-text birth certificate from the 70s to prove it. Furthermore, I?ve written at least one book. So I don?t think it?s ridiculous for me to own a URL with JonathanFaceBook in it. If I am a known writer who has copyrighted his own works, and Facebook.com contains my legal name, then hell, maybe Facebook is infringing on?my intellectual property.

Anyway, I still have not decided how to respond to this (or if I will at all). I?ve sent an email to the Electronic Frontier Foundation?asking for advice, and they responded promptly with a request for more information. I?ll see what they think before proceeding.

Here is the email I received:

To Whom It May Concern,

We are writing concerning your registration and use of the domain name jonathanfacebook.com, which contains the famous Facebook trademark.

As you undoubtedly know, Facebook is the leading online social network service. Facebook adopted the name and trademark Facebook in February 2004 and, since that time, Facebook has actively used the Facebook name and trademark in connection with its online social network service, including maintaining the web site www.Facebook.com. The term Facebook is one of the most famous trademarks on the Internet. Facebook owns exclusive trademark rights to the Facebook name as a result of numerous trademark registrations in the United States and internationally, as well as related common law rights. Accordingly, Facebook enjoys broad trademark rights in its name.

Facebook has made a substantial investment in developing and providing its services. As a result of Facebook?s pioneering efforts and devoting substantial effort and resources to providing only high quality services, the Facebook name and trademarks are widely known among the consuming public worldwide, and the name and trademarks embody substantial and valuable goodwill.

Accordingly, we were concerned when we learned of your registration and use of jonathanfacebook.com. As we hope you can appreciate, protection of its trademarks is very important to Facebook. We understand that you may have registered jonathanfacebook.com without full knowledge of the law in this area. However, Facebook is concerned about your use of the Facebook trademark in your domain name.

It appears that you are using this domain name to redirect to your Facebook profile or page. We cannot allow you to continue doing so but you can apply for a username on the Facebook site at the following link: http://www.facebook.com/username

You can find additional information about usernames at our help center http://www.facebook.com/help.php?topic=username

While Facebook respects your right of expression and your desire to conduct business on the Internet, Facebook must enforce its own rights in order to protect its valuable and famous trademark. For these reasons, and to avoid consumer confusion, Facebook must insist that you immediately stop using jonathanfacebook.com and disable any site available at that address. You should not sell, offer to sell, or transfer the domain name to a third party and should let the domain registration expire.

Please confirm in writing that you will agree to resolve this matter as requested.

Sincerely,

Ethel
Legal Dept.
Facebook, Inc.