Re:Facebook's legal team bans developer of F.B. Purity from ...
by at-fates-hands on Wednesday December 19, 2012 @04:43PM
(#4945025)
There are actually eight different factors which the courts use as a "test" for infringement. Of those eight, I would say a majority fail the infringement test for Facebbook. Mainly because "FB" is not part of its primary trademark. Thus, the "FB" presents a weak case for the "Strength of the plaintiff's mark." element.
Here are those 8 factors for argument sake:
Facebook doesn't get to own the letters "FB", but they do get to own those letters in contexts where use of those letters would confuse people into thinking that the product in question comes from Facebook. Calling your new line of leaf blowers "FB" would probably be fine, but calling your browser extension specifically targeted at facebook.com "FB" is begging for trouble.