Recently, Facebook is launched a new reader app Paper. The divergence with FiftyThre was declined by Facebook and name was not change. FiftyThree is motivated to protect her brand name. Her application for Paper term was filed on 30 January. FiftyThree CEO and cofounder, Georg Petschnigg, had make an address for TechCrunch and expire her sincerely sentiments and disposition for open negotiation. For Facebook is not a so good option to use this brand name, but technically FiftyThree only trademark on the USPTO was for the “Paper by FiftyThree”.
Cofounder and CEO of FiftyThree say in a declaration about Paper trademark and FiftyThree applied for that and approved “Paper by FiftyThree”.
UPSTO make regularly improvement in five-seven days but now he approve this faster. In a rezerve situation FiftyThree give the case for her lowers: Roberto Ledesma and Victor Cardona.
“Just by using a mark in a particular field, you’ve got rights,” said Cardona. “Some are state-based and some are federal-based, but if I start using a mark before you in the same area of goods or services, I’ve got rights to the mark over you.”
A lot of law men make more and more remarks about subjectivism of trademarks law and caused many deferens and rededications from the companies.
“As the later user, Facebook would have to make the case that these uses are distinguishable and consumers will not be confused,” said Roberto Ledesma. “The more similar the marks the less similar the uses have to be to find infringement. Here the marks are identical so less similarity is needed.”
The official position of FiftyThree is here: “In the U.S., trademark rights are use-based (i.e., one does not need a registration) and FiftyThree has well-established common-law trademark rights in PAPER alone. Google “Paper” and we are the #1 result. Search for #MadeWithPaper on social media and you’ll find over a million creations in public. Indeed, PAPER alone is widely recognized by the public as our brand and trademark. And we recently filed for registration of PAPER alone.
At this point we are reserving all legal options. More importantly, we stand for creativity and believe in a level playing field when it comes to building companies and brands”.
Facebook is a company so big and unfortunately FiftyThree is smaller. In this situation FiftyThre could be wear down even FiftyThree have 15 million funding. But peoples are happy: the Paper is very popular. Nobody lose.