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Someone warned me on Facebook?? What Shall I do?
08-30-2013, 04:36 AM
Post: #1
Someone warned me on Facebook?? What Shall I do?
I have a page on fb that is almost a copy of an other page. I have the same name and the same profile picture. To be honest, I actually copied the name and the profile picture on a purpose which is gaining more likes. Yesterday I logged in to Facebook to find this message from the owner of that page
"Hello,

Remove this page or you will hear my lawyers.

I own the copyright and trademark of both the title and the logo you are using. I have reported your page to facebook and if this page isn't removed immediately I will pursue legal action for copyright infringement. I was told that legally once I send you this message you have 7 days to remove this, as this here is a legally binding letter to cease and desist. If it's not removed within 7 days you will be violating the law and will be susceptible to pay a $100,000 fine and/or face incarceration.

thanks,
Thomas Kane"

I actually changed the profile picture but kept everything else the same, and I don't really want to delete my page since it took me ages to gain likes. So, can he really do anything of what he listed? and is it a big deal?
@Player1, thanks man Smile

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08-30-2013, 04:38 AM
Post: #2
 
If the person really owns the copyright to the title and the logo then these things can happen:

- Your page might be taken down if the following conditions are true:
*You're making money from the copyrighted logo/title.
*You're claiming that it's the official page of the owner.

Facebook isn't police, you will not face any charges for creating a page. It sounds like a desperate attempt to convince you to take your page down and a rather pathetic one. If warning like these continue, you can file for harassment.

P.S. Send the user that mailed you this letter:

Unless you are willing to provide the required documents that prove your ownership of the logo and the trademark, I will not take the page down.

Facebook allows the users to create any page they want and does not have the legal power to incarcerate/fine any individuals. If threats like these continue, I will file for internet harassment.

Thank you.

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08-30-2013, 04:40 AM
Post: #3
 
The threats are bull hockey. YOU don't have to remove the page, the online SERVICE provider has to disable it "promptly". The copyright owners can STILL sue you for damages, assuming they have any, and can register their copyright and sue for "statutory damages" of up to $150,000 if you continue to upload their copyrighted stuff without permission. There is no possible way you can be "incarcerated" for what you describe, at least not in the USA. They would have to prove you took at least $1,000 worth of value from their copyright within 6 months, or made money on your unlawful use of the copyrighted materials. Names are not protected by copyright in any event.

As for trademarks, that's a whole different story. They do not own the trademark of the logo unless and until they have used it "in commerce" as an indication of source or quality of particular goods or services. Not clear that an FB name has any trademark value, as it is merely an identification within FB, much like a domain name is an identification on the internet (and not generally a trademark). They would have the burden of proving when they started using the brand and that it has value and that you have infringed upon that value by intentionally creating a likelihood of confusion. They might have a pretty good case, now that you have admitted in public that you did it intentionally.
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