Facebook "Page" legality

Xquisite · Share | #1 (**permalink**) 08-23-2011, 12:47 PM

I have a question regarding the legality of a Facebook "page" that has been created.

In a small area that I live near, there's a B&M building with a business name (let's call it) "This local business"

What legal issues can be implemented or faced by someone who creates a facebook page with the name being the same, but the person who creates it having NO affiliation with the B&M building or the people there?

Basically, building named "Local Business Name" ...and someone created a facebook page named "Local Business Name" but isn't tied with them in any way, whatsoever?

(this business offers a classified service to the community, where people can call in short message ads and have them printed in a weekly paper that's put out, they leave their telephone number and description of item they want to sell, this business prints it...they use advertisements from other local businesses to pay for some costs, and they charge people $1.00 for a copy of the issues they produce - but it's free to post a personal ad.

The facebook page is the same format, where people can post their item and number to the fan page, and has an "onlline only" entity. Wondering about the legality of it, being they have the same name, but also being that the Facebook page isn't a for-profit business, or a business at ALL..just a page.

JakeMoore · #2 (**permalink**) 08-25-2011, 05:33 AM

Are they both for ads in the same community?

Xquisite · #3 (**permalink**) 08-26-2011, 02:15 AM

Quote:

Originally Posted by JakeMoore

Are they both for ads in the same community?

Yes. they both (were) for the same thing, kinda like a fan of the brick & mortar building made a fan page on Facebook ...but is not affiliated with the brick/mortar in any way.

The brick/mortar prints a small paper each week, it lists classified ads that people call in and leave a message for the item they want to sell, and the phone number. WHen they print, they charge $1.00 for a copy of this at local stores, but no cost to place an ad.

The Facebook fan page, of course, has NO cost involved, and no profit of any kind. Strictly an online, FREE thing, just had the same name except "online" at the end ...

And I don't think the brick/mortar building has their name trademarked, I think they are just a LLC. Not sure on that one, but we're talking about a facebook page, not a website or domain name that took their name...

JakeMoore · #4 (**permalink**) 08-27-2011, 08:04 AM

Totally illegal. The prob is how do you get it shut down. I would start with a FB complaint saying they are unaffiliated and documenting the local business like when it started, where it is located, etc.

Rukbat · #5 (**permalink**) 09-02-2011, 01:15 PM

If the name isn't trademarked, it boils down to whether it's an attempt to commit any crime - it's certainly not a trademark violation. ("Just an LLC" and "trademarked" are totally different things. Anyone can trademark any mark used in trade, if it isn't already trademarked. You don't even have to be a company.)

Internet sites aren't local to any one place, so that's not an issue here, unless the page specifically states that they're only interested in doing business with people in that area. Even then, it's not a trademark violation.

Xquisite · #6 (**permalink**) 09-02-2011, 01:53 PM

I created the fan page, without thinking, that copied the name of a local business. The business name was "Trader's Helper", and I created a facebook fan page that was "Traders Helper - Online".

The owner/editor/whatever called me and asked if I would take it down, and then posted on the page after I agreed that "she was glad things didn't have to go any further than they did, but they could", as in, a legal threat toward me via the facebook page comments section. I deleted the comment and closed the page to any visitor comments, but I wondered what the repercussions would be if I had refused to delete the page outright, and told her to make me ...since the name "trader's helper" isn't a trademarked name, there was really no reason for me to fear any threat or repercussions.

HostASP · #7 (**permalink**) 09-02-2011, 01:54 PM

Quote:

Originally Posted by Xquisite

And I don't think the brick/mortar building has their name trademarked, I think they are just a LLC. Not sure on that one, but we're talking about a facebook page, not a website or domain name that took their name...

Just an LLC? It is an LLC a company and a legal entity, A company doing its business and if its service name as same as company name would definitely have more preference than others .. even a person got a trade mark already can be reconsidered based on first use or something.

Right, you can do anything on FB but it is illegal you're replicating someone else business if that company claims for that page then FB would sure block your page.

JakeMoore · #8 (**permalink**) 09-06-2011, 06:03 AM

Quote:

Originally Posted by Rukbat

If the name isn't trademarked, it boils down to whether it's an attempt to commit any crime - it's certainly not a trademark violation. ("Just an LLC" and "trademarked" are totally different things. Anyone can trademark any mark used in trade, if it isn't already trademarked. You don't even have to be a company.)

Internet sites aren't local to any one place, so that's not an issue here, unless the page specifically states that they're only interested in doing business with people in that area. Even then, it's not a trademark violation.

People commonly believe that if a trademark is unregistered it is unprotected. This is false. Registration gives you additional rights and remedies, but in most places in the US there are common law trademarks. http://www.uspto.gov/faq/trademarks.jsp#_Toc275426712

In addition there are a variety of legal theories which include, but are not limited to intentional interference with business relationship, which can be used to enforce a name/image which has not been registered.

Xquisite · #9 (**permalink**) 09-06-2011, 01:21 PM

We're not talking about interference with business...we're talking about someone who made a fan page on facebook, but the person isn't tied to the business.

Basically, the business is a small classified ad paper...they sell their paper to individuals for $1.00 per copy - and businesses pay to advertise in the paper. Individuals can advertise a single, small ad for free..just calling in and leaving description, plus phone number.

The facebook fan page allowed people to type their classified ad, and message others ...etc via the internet regarding classifieds.

JakeMoore · #10 (**permalink**) 09-06-2011, 09:49 PM

Quote:

Originally Posted by Xquisite

We're not talking about interference with business...we're talking about someone who made a fan page on facebook, but the person isn't tied to the business.

Using a businesses name to compete against it falls squarely within the bounds of interfering with their business, among many other legal theories they could use to enforce their legal rights.

Xquisite · #11 (**permalink**) 09-07-2011, 09:43 AM

That's what I seem to be having a hard time getting across. There was no "competing". There was no PROFIT FOR THE FACEBOOK PAGE. C'mon, think about it, thoroughly. Facebook doesn't pay me to run some fan page..People who posted classified ads didn't pay me...

I only was named as the admin of the page..person who did the set-up. No other liability or claim to fame, as is suggested by your notion of me "interfering" in business. How is having a free page that doesn't generate any income or revenue justified as being something that "competes" against? There's no competition ..

JakeMoore · #12 (**permalink**) 09-07-2011, 10:31 AM

Quote:

Originally Posted by Xquisite

That's what I seem to be having a hard time getting across. There was no "competing". There was no PROFIT FOR THE FACEBOOK PAGE. C'mon, think about it, thoroughly. Facebook doesn't pay me to run some fan page..People who posted classified ads didn't pay me...

I only was named as the admin of the page..person who did the set-up. No other liability or claim to fame, as is suggested by your notion of me "interfering" in business. How is having a free page that doesn't generate any income or revenue justified as being something that "competes" against? There's no competition ..

Your question was how could they sue you, not whether they would win. In all probability they could get you shut down even if you made no profit. Competition doesn't require you to make a profit. If you were using their name and people were confused...as is a reasonable assumption in this case, then you were siphoning off profits they would have had but for you.

Xquisite · #13 (**permalink**) 09-08-2011, 07:03 AM

Then it would be for them to prove that the intent and purpose was to cause financial harm...And I doubt seriously they could say that some facebook page caused them $xxxx amount of loss in revenue. Most likely any loss in income they've incurred would be due to their hike from .75 up to $1.00, when there's no additional product for the extra .25 cents..it's the same that it's always been, just more expensive ...and they raised prices in July..way before I made a Facebook page that lasted 1 week and gained over 900 people with likes...

I could see them having a leg to stand on if I opened a brick& mortar building, used the same name, and did the same thing as them..but we're only talking about creation of a Facebook fan page, not a website being created. A site extension of Facebook ..so it's only known to people who are members of Facebook..not even the whole community (because half of this little redneck town doesn't have the internet anyway)

JakeMoore · #14 (**permalink**) 09-08-2011, 09:48 AM

With all due respect you don't seem to have a very good grasp of what the law is in this area. Intent and purpose are very easy to infer and sell to a jury in this situation. You used their name to do the exact same thing they are doing in their exact market. With intent comes the possibility of punitive damages. That means that if they only lost $1 they can win a huge award against you if a jury wants to give it to them.

I'm not saying they would win because there are so many variables, but they definitely would have had a good case had you refused to take the page down.