Lamebook v. Facebook: Trademark Infringement or Protected Parody?
Lamebook – a site that features particularly lame or funny (and sometimes vulgar) Facebook posts – has brought suit against Facebook, seeking a declaratory judgment that Lamebook is not infringing Facebook’s trademark.
Several months ago, Facebook asked Lamebook to change the name of its service, alleging that “Lamebook” both infringes and dilutes Facebook’s famous mark. A letter from Facebook’s counsel lays out the elements of these allegations.
On November 4, Lamebook filed a complaint in the U.S. District Court for the Western District of Texas. Lamebook alleges that its mark neither infringes nor dilutes Facebook’s mark, and that, as a parody, it is free speech protected by the First Amendment to the U.S. Constitution.
I like Lamebook’s parody argument. By the mere act of selecting and displaying Facebook posts, without commentary, Lamebook makes the point – often made by formerly active Facebook participants – that a huge amount of what is posted on Facebook is drivel.
I look forward to further developments in this case.
Dana H. Shultz, Attorney at Law +1 510 547-0545 dana [at] danashultz [dot] com
This blog does not provide legal advice and does not create an attorney-client relationship. If you need legal advice, please contact a lawyer directly.
Dana Shultz is a business-savvy lawyer located in Northern California's San Francisco Bay Area (in the East Bay, near Oakland) who has in-depth knowledge of law, business, technology, and the needs of startup and early-stage companies.