Lamebook is a website that mocks the funny and 'lame' things people post on Facebook. After being threatened with a trademark infringement suit by Facebook earlier this year, Lamebook has decided to take legal action, sue Facebook first, claiming the site isn't a social network.
Therefore, it's protected by the First Amendment. It's asking the court to declare that use of the term 'Lamebook' doesn't infringe or violate Facebook's copyrights.
In my opinion, the standard for trademark infringement is "likelihood if confusion" and is hard to see how this clear parody would be infringing. In this case the argument here is about policing one's mark misuse of the trademark itself and subsequent dilution. In any event, when policing one's trademark, First Amendment and fair use considerations apply.
Facebook
&
Lamebook
Trademark Infringement? Highly unlikely.
=yinyen gan=
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