Facebook takedowns over trademark infringement

Asked over 1 year ago - Denver, CO

Would I have a case to sue someone for notifying Fb about my using another's trademark for my business if it on the supplemental register?

Attorney answers (3)

  1. Richard T Matthews

    Contributor Level 12

    5

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    Answered . Very unlikely.

    This is not to be construed as legal advice, and I am not your attorney, A conflict check and engagement letter... more
  2. Bruce E. Burdick

    Pro

    Contributor Level 20

    4

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    1

    Answered . NO. That "someone" has a right to assert a registered trademark by notifying Facebook of the registration and your use of it, even if just a supplemental registration. It is unclear if "someone" and "another" are the same person. That's the problem with use of pronouns, as pronouns [especially "it" and "they", although here "another" and "someone" result in similar ambiguity] can lead to ambiguity. Registered patent attorneys are often trained to strictly avoid use of pronouns to avoid ambiguity.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... more
  3. David Wade Barman

    Contributor Level 11

    3

    Lawyers agree

    1

    Answered . Can you sue someone for notifying the police about a crime? No. You cannot have a cause of action against a third party witness unless the testimony or accusation is blatantly false or malicious.

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