Is Facebook Paper Violating A Trademark?

Facebook Inc.’s (NASDAQ: FB) fresh clairvoyant app, Paper, has been accepted for actuality the “best Facebook app ever,” but it was about alleged out by an app artist for appliance its cast name after permission.

Facebook has not adumbrated any affairs to change the name of its app, so FiftyThree is demography accomplish to assure the name of its architecture app, “Paper.” TechCrunch unearthed a brand appliance filed by FiftyThree for the appellation “Paper” on Jan. 30, the aforementioned day Facebook aboriginal appear its own Paper app.

FiftyThree already had a brand for “Paper by FiftyThree,” and the app isn’t absolutely an abstruse one. It has aerial reviews on the Apple App Store and won Apple’s 2012 iPad App of the Year award.

This allegedly didn’t stop Facebook from activity advanced with its plans, alike admitting FiftyThree develops for Facebook, has ties with Facebook’s lath and allows its users to allotment agreeable created on Paper anon to Facebook.

“At this point we are reserving all acknowledged options,” FiftyThree said about the brand application. “More importantly, we angle for adroitness and accept in a akin arena acreage back it comes to architecture companies and brands.”

According to TechCrunch, FiftyThree could accept a able acknowledged case adjoin Facebook if it absitively to booty added action. Alike admitting the two apps don’t absolutely attempt with anniversary other, they are both adaptable apps. FiftyThree can acutely authenticate that it was appliance the “Paper” name aboriginal and already had trademarked the name. Facebook would accept to authenticate that the name of its app will not abash users about FiftyThree’s app.

Trademark law is complicated, acceptation the accusation is no abiding affair for FiftyThree. “Paper” is a appellation abounding articles and casework use. It’s additionally absurd that FiftyThree can attempt with Facebook’s assets if this amount does about-face into a acknowledged battle. Facebook could alike altercate that the name of its fresh app has brought added publicity to FiftyThree’s Paper.