Facebook Fires Back Against Timelines.com Lawsuit [VIDEO]
Facebook on Thursday filed a lawsuit against Timelines.com, a Chicago company that alleges that the social networking giant infringed on its trademarked name.
The move was a response to Timelines's lawsuit against Facebook in September, which asserts that if Facebook is allowed to move forward with the launch of Timeline, it "will essentially eliminate Timelines.com" and cause mass confusion that Timelines.com is affiliated with Facebook.
Facebook, however, thinks "timeline" is a generic term. Bolstering Facebook's case is the fact that Twitter uses the same term.
What do you think? Is Facebook a bully or is the company in the right on this issue?
Sound off in the comments.
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24 Comments to Facebook Fires Back Against Timelines.com Lawsuit [VIDEO]
by Ben Steyaert
On December 8, 2011 at 7:07 pm
Timeline is a generic term. Timeline.com is just concerned of FBs duplicity in their service.
by Ivan Horvat
On December 8, 2011 at 7:09 pm
Office is also a generic term. Should Microsoft be charged for thinking of such a "generic" name for a product? I don't think so. Timelines.com is just overdoing the whole thing.
by Nikolaos Vassos
On December 8, 2011 at 7:15 pm
Sounds like timeline.com is going for a quick buck.
by Kristy Henry
On December 8, 2011 at 7:19 pm
Facebook's Timeline vs. timeslines.com? Really. Definitely a quick buck.
by USDebtCollector
On December 8, 2011 at 8:33 pm
Didn't facebook try and trademark the word "face?" Pot calling kettle black here, folks.
by Nure Alam Masud
On December 8, 2011 at 10:34 pm
Timeline is a dictionary word– I think there's something to think newly about the copy-right laws we created.
by mattamyers
On December 8, 2011 at 10:52 pm
Face and book are generic terms too
by michaeltaylor3d
On December 8, 2011 at 11:00 pm
app store is generic to but that didnt stop apple
by Kevin Heaps
On December 8, 2011 at 11:50 pm
I think it's a generic term, but what do I know?
by Dave Zan
On December 9, 2011 at 12:18 am
To most people: any word or phrase, even one used every other day, can become a trademark. Shell…tide…head and shoulders…windows…brothers…lady's choice…think of any product or service you pay for and use every other day to do what you expect it to do that also uses a common term.
A so-called generic or common term doesn't make it generic or common in any and all contexts. Shell may be generic for the mollusk, yet it's also a trademark for petroleum. (and one that's been around for at least 100 years last I checked…)
With that said, Facebook's got a problem. Timelines has a REGISTERED trademark at uspto.gov per the following:
"Word Mark TIMELINES
Goods and Services IC 042. US 100 101. G & S: Providing a web site that gives users the ability to create customized web pages featuring user-defined information about historical, current and upcoming events; and application service provider, namely, managing web sites of others in the fields of historical, current and upcoming events. FIRST USE: 20090420. FIRST USE IN COMMERCE: 20090420
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 26.11.09 – Rectangles made of geometric figures, objects, humans, plants or animals
26.11.13 – Rectangles (exactly two rectangles); Two rectangles
27.01.04 – Letters forming objects; Numbers forming objects; Objects composed of letters or numerals; Punctuation forming objects
Trademark Search Facility Classification Code SHAPES-GEOMETRIC Geometric figures and solids including squares, rectangles, quadrilaterals and polygons
SHAPES-MISC Miscellaneous shaped designs
Serial Number 77841615
Filing Date October 5, 2009
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition February 16, 2010
Registration Number 3784720
Registration Date May 4, 2010
Owner (REGISTRANT) Timelines, Inc. CORPORATION DELAWARE 1802 West Berteau Avenue, Suite 203 Chicago ILLINOIS 60613
Prior Registrations 3684074
Description of Mark Color is not claimed as a feature of the mark. The mark consists of the stylized letters for the word "timelines" with design elements of a slightly curved rectangular shape for the dot above the letter "i" and components of the letters "t" "i", "m", "l", "n" and "s" .
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE"
Unless Facebook can show they started utilizing the terms "timeline" or "timelines" for especially a similar use or context before Timelines.com did above, they're not likely to prosper against them. Going by just what I can find about Facebook's lawsuit against Timelines for this, this suit isn't likely to prosper either.
Facebook could've simply solved this problem by using another term instead. Why they insisted on this is beyond me.
by Dave Zan
On December 9, 2011 at 12:20 am
It's almost officially approved, pending a few things from Facebook. As the author noted, this is just a retaliatory lawsuit.
by Dave Zan
On December 9, 2011 at 12:21 am
One more thing I forgot to add: just as generic terms don't make them generic in any and all other contexts, having a trademark doesn't grant one carte blanche over any and all other uses of the term outside of its specific, intended use either.
by Ell_Enn
On December 9, 2011 at 12:55 am
Veena Malik vs FHM, Or FB vs Timelines.com? :p
by Benedict Corpuz
On December 9, 2011 at 12:57 am
This is kinda like suing for the word 'the'
by Rajesh Babaria
On December 9, 2011 at 1:03 am
Opportunity for Timeline.com…If not big bucks atleast some publicity on the shoulder of FB.
by Danny Donovan
On December 9, 2011 at 1:05 am
Timelines.com is suing but they still have a "Facebook" share button on the bottom of there page.. lol
by em wai zee
On December 9, 2011 at 1:14 am
As a Gigantic Popular Company, FB is defending its turf … In term of Do Not Do Evil (borrowed from Google) … FB should get a thesaurus and find another word synonym of Timeline … Let the battle of big bucks begin!
by Mike Lazarus
On December 9, 2011 at 1:21 am
Don't think Facebook tried that … but WordPrefect did try to trademark the word "perfect" – they lost
by Chris Clayton
On December 9, 2011 at 1:32 am
Facebook cant use the defense of 'its a generic term' if their in the process of trademarking a generic term.
I mean, i'll be back soon. i'm going to create a facebook-competitor called face.com 'coz It's a generic term and since face is trademarked by them those unaware will join thinking i'm associated with them :)
WINNING! Thanks Facebook for letting me know that it's okay.
by Chris Clayton
On December 9, 2011 at 1:34 am
Thanks for that Dave! :)
by Kit Nelson
On December 9, 2011 at 1:45 am
Fair point, as I'd never heard of timelines.com before.
by Rodulfo Gentica
On December 9, 2011 at 1:47 am
Why is it that Timelines.com sued Facebook only? What about Twitter, they uses "timeline" too. Is it because Facebook has more money than twitter?
by Chris Clayton
On December 9, 2011 at 1:50 am
Dave, you seem to know more than i do about trademarks, the registration date was in May last year – and we can assume facebook had this in the works for a while before announcing it – despite only announcing it three month later, if they can prove they where using the term for it behind the scenes before the registration date they would win, right? Or is it only using it publicly that would matter?
by Chris Clayton
On December 9, 2011 at 1:52 am
Maybe the end of the article should ask if Timelines.com is a bully instead of facebook? :)