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by burpee 4516 days ago
Although I'm not particularly familiar with the latest in US trademark laws, in most European trademark cases it can be argued that the name "Paper" is too descriptive to be defended.

At the same time the fact that both are in the general category of "apps for the curation and creation of content", the confusion in the market is definitely going to be there.

Curious to see how this is going to turn out...
2 comments
gorner 4516 days ago
Not a lawyer, but I think you're more or less right about North American trademark law as well. Trademarking a common word is fine (so long as it's not inherently descriptive of the actual product – i.e. trademarking "Paper" with respect to reams of paper would never fly), but FiftyThree would still have to show that "Paper" is sufficiently distinctive in the software market that anyone discussing "Paper" in terms of mobile apps instantly thinks of their product, the same as "Apple" being distinctive in the computers / electronics industry. As big as their app is already, as others have noted other apps have that name too, so 53 would have difficulty claiming exclusivity on "Paper".

Just did a quick USPTO search and it looks like 53 hasn't attempted to register a trademark for "Paper" itself – but they have registered "Paper by FiftyThree", which would more easily pass the bar of distinctiveness: http://tsdr.uspto.gov/#caseNumber=85622666&caseType=SERIAL_N...

Having said that – I do wish Facebook had picked a name that wasn't already associated with such a well-known app.

Disclaimer: I have a dev friend who works at FiftyThree but their IP strategy is not something we've discussed.

edit: spelling / grammar

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maroonblazer 4516 days ago
"apps for the curation and creation of content"

That seems overly broad too and I suspect courts would distinguish between creation vs curation. The 53 app is about the former whereas FB's is the latter.

Also think about someone searching for an app to draw and paint. It's unlikely the FB's Paper would show up in the results. Even if it did, would most people confuse it for a drawing/painting app?

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