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by apdinin 2299 days ago
A company or individual putting “Facebook” or “Instagram” in their domain name without Facebook’s authorization would constitute trademark infringement.

Pretty sure this lawsuit is just Facebook doing what they’re supposed to do to “protect” their trademarks.

When you have a trademark, you’re obligated — by law — to attempt to protect it in cases of seeming infringement. If you don’t, you lose the power of the trademark.

2 comments

>A company or individual putting “Facebook” or “Instagram” in their domain name without Facebook’s authorization would constitute trademark infringement.

That is not true in the US.

A trademark consists of both a name and the goods/services which a company provides under that name. If you use the trademarked name in a completely different industry or context from the entity which registered the mark, you aren't infringing on it.

So if you had a business selling...I dunno, physical books made out of faces, then you might be able to use "Facebook" without infringing.

In practice, Facebook could spend enough money to convince the legal system that they are right, but merely having some letters in a domain name does not imply infringement.

Icann provides a method of getting domains that break trademark that doesn't require a warrant or the courts, this is facebook trying to give themselves that power wheater the domain is infringing trademark or not.