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Facepets.com asks court to get Facebook off its back

If I were them, I’d find another domain name and focus on the business rather than waste time with a lawsuit.

Facepets.com, LLC, a company that wants to start a social network for pet owners, has filed a federal lawsuit (pdf) against Facebook in Nashville.

The company is asking for Declaratory Judgment that its name doesn’t infringe on Facebook’s trademarks.

This all started when Facepets.com filed a trademark application for its name, which caught the attention of Facebook’s lawyers. The parties then exchanged correspondence, with Facebook’s lawyers arguing the name would cause confusion.

Facepets.com argues Facebook is engaging in “trademark bullying” and is “attempting to unfairly raise the cost of entry for Facepets to enter the marketplace with its concept.”

In my opinion, it’s pretty obvious why Facepets.com chose its name: to ride the coattails of Facebook. Frankly, it’s a stupid name. If I were Facepets.com, I’d just go find another good (and hopefully more unique) domain name rather than waste money on a lawsuit.

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  1. Mike

    Quote, “In my opinion, it’s pretty obvious why Facepets.com chose its name: to ride the coattails of Facebook” End quote

    In that case, you sound just like one of those biased Panelists who make their mind’s up without even seeing the evidence. I guess you have seen ALL of the evidence on which to make your decision ?.Oops no you have’nt !!

  2. Ryan

    NIche businesses sometimes can be very profitable, I have seen worse business plans online, it doesn’t seem that bad of an idea, as some people love their pets. If people will buy clothes for their pets, they will most likely make some sort of online profile for them, if they had the platform, and chance.

    The TM office is going to keep coming across such issues, how do you take a word like FACE, and close it off from the world of invention?

    Many FACE based products from scanning, to identification are coming into the marketplace in the next few years. I think the Government needs to crack down on TM trolls, and hopefully candy gets shot down in their quest.

    • John Berryhill

      Among the “things domainers believe” category looms this notion that Facebook has registered a US trademark for “FACE”. They didn’t. It was misreported at Techcrunch and spread to other blogs.

  3. Alan

    Hmmm…………If they are calling themselves a company that wants to start a “social network” for pet owners then why do they have the name up for sale with Sedo?………Looks like someone is trying to squeeze Facebook……….

  4. Nic

    “In my opinion, it’s pretty obvious why Facepets.com chose its name: to ride the coattails of Facebook. Frankly, it’s a stupid name. If I were Facepets.com, I’d just go find another good (and hopefully more unique) domain name rather than waste money on a lawsuit.”

    Perfect. Absolutely.

  5. mike

    Yea.
    Agreed with above post that Facepets could be A little different if they went with PetFaces ,I would think would be better for them.
    Face Book has big money behind them and don’t mind giving it to their Lawyers . Facepets should Rebrand just to save the trouble .

  6. Joseph Peterson

    “Me too” is generally not a great naming strategy. The aim with a name is to be YOU, to be distinctive. Can we imagine any human being ever conceiving the name “Face Pets” except as a riff on Facebook?

  7. Rob

    i’m sorry to rain on their parade… but when i read the title “facepets” i immediately thought of facebook and that it may be a version of their site for pets. i guess your average person out there would assume the same. personally i think it was a risky and stupid decision to name their site facepets. imo a blatant use of someone else’s name for benefit. p.s. i’m all for protecting the little guy from the big bullies, but i reckon this case is pretty clear cut.

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