Facebook Shuts Down "Facebook Ultimate" iPad App
Such a sad story. An independent developer and mom of two was unhappy with the features of the free Facebook client and tried to make a positive difference by creating the “Facebook Ultimate” app. Unfortunately,
the developer incorporated the term Facebook into the name of her app and even created a similar icon for the app. (Seen at right.) The app was recently shut down for supposed trademark infringement.
Unfortunately, this is an all too common problem for startups and small businesses that do not have a legal team glued to their hip warning them about improperly using the trademarks, patents, and copyrights of others. But, as my mom always said, there is a lesson in everything. We can learn from this legal blunder. Generally, it is a good idea to consult a legal professional who practices in the areas of patents, trademarks, and copyrights before releasing a new product into the marketplace. In fact, it’s even better to consult a legal professional long before you are even thinking about releasing the product to the marketplace. This way, you can avoid spending money to correct marketing materials, product packaging, etc.
Check out what some of the bigwigs, like Sony and Apple are doing to avoid trademark infringement in this article by Laurel Sutton of Catchword.
In the end, a sad story for Facebook Ultimate, but a lesson we can all benefit from. Please use caution when naming and branding your next big idea!
Comments
Sure, not a problem Helen. Thanks for asking and thanks for including our article on your blog!
Great article - would you mind if I posed this on the Yumi Creative blog as I'm trying to get articles like this in front of my clients. I will of course link back to you and give you full credits for the piece. Many thanks. Helen :)
This is one of the most common IP-related mistakes made by startups.
Yes, releasing the app under a different name seems reasonable. I don't believe there was a court order or C&D sent to the developer. I believe Facebook filed a complaint with Apple, after which Apple removed the app.
Patent Attorney - Agreed. Facebook did what it had to do to protect its name. No fault in that.
It is still an unfortunate circumstance for the developer. Whatever goodwill she did generate is now lost. She learned about trademarks the hard way. Hopefully her story will show others the value of consulting an Intellectual Property attorney before launching a product.
I didn't understand. Was there a court order or just a C&D letter?
Anyway, I don't really see much harm in her releasing the same application under a different mark. Assuming Facebook didn't sue her for damages, her losses are neglegable.
Check out "Back to the Future: Rediscovering Equitable Discretion in Trademark Cases" in Lewis & Clark Law Review's most recent issue. The issue is available at http://www.lclark.edu/law/law_reviews/lewis_and_clark_law_review/current...
All she has to do it re-release the app with a different name. I really don't blame Facebook for shutting down this app... call it "Social Network Ultimate" and she'd probably be fine... she should, of course, also seek her own trademark protection!
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