New Facebook Policy Presents Risk to Trademark Owners

On Saturday, June 13, 2009, at 12:01 a.m., Facebook Inc. began allowing users to select personalized usernames. As a result, Facebook users are now able to select usernames that are easier to remember and that incorporate their own names, nicknames, or trademarks. For purpose of illustration, our firm could theoretically obtain the username and Web address facebook.com/icemiller. Up until now, all usernames have contained identification numbers that were often difficult to remember.

This new policy presents a risk to trademark owners. Specifically, there is now a risk that cybersquatters will obtain usernames that contain the trademarks of others, in an attempt to hijack the trademark owners' goodwill or hold the Web address for ransom. In order to avoid this problem, a trademark owner should strongly consider obtaining the username(s) that correspond with its trademark(s). More information about obtaining a username can be found at http://www.facebook.com/username.

In addition, Facebook has implemented a procedure that enables a trademark owner to prevent its trademarks from being used in usernames. A trademark owner that wants to block the use of its trademark by Facebook users can use the form found at http://www.facebook.com/help/contact.php?show_form=username_rights.

Facebook has also implemented a procedure that enables a trademark owner to complain about the improper use of its trademark in usernames in the event that the trademark owner fails to submit a blocking request. The form for complaining about such trademark issues can be found at http://www.facebook.com/copyright.php?noncopyright_notice=1.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.  The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.