Think Computer Corp Vs Facebook Petition to Cancel

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					CANCELLATION

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARKTRIAL AND APPEAL BOARD BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
THINK COMPUTER CORPORATION THINK COMPUTER CORPORATION

Cancellation No.
Petitioner, Petitioner,
V. v.

PETITIONTO CANCEL PETITION TO CANCEL Mark: FACEBOOK Reg. No. 3,122,052 Reg. Date: July 25, 2006

FACEBOOK, INC., Respondent.

PETITIONTO CANCEL PETITION TO CANCEL
Think Computer Corporation (“Think”), having its place of business at 884 College Avenue, Think Computer Corporation ("Think"), having its place of business at 884 College Avenue, Alto, CA 94306-1303, has been and Palo Alto, CA 94306-1303, has been and believes it will continue to be damaged by the will continue to be damaged continued registration of the mark shown in United States Trademark Registration 3,122,052 and of the mark shown in United States Trademark Registration 3,122,052 seeks cancellation of hereby seeks cancellation of this registration. As grounds for the cancellation, Think alleges: Think alleges:
1. Facebook, Inc. ("Respondent") 1. Facebook, Inc. (“Respondent”) is the listed owner of United States Trademark of United States Registration No. 3,122,052 for FACEBOOK "providing Registration No. 3,122,052 for FACEBOOK “providing an online directory information service featuring information regarding, and in the nature of, collegiate life, classifeds, virtual service featuring information regarding, and in the nature of, collegiate life, classifieds, virtual networking," in International Class and "providing online chat rooms community and social networking,” in International Class 035 and “providing online chat rooms for registered users for transmission of messages concerning collegiate life, classifieds, virtual for registered users for transmission of messages concerning collegiate life, classifeds, virtual social networking" in 038 with fling date of February 24, community and social networking” in International Class 038 with a filingdate of February 24, issuance date of July 25, 2006, and an alleged frst use in date of 2005, an issuance date of July 25, 2006, and an alleged first use in commerce date of November 16, 2004 ("the `052 Registration"). 16, 2004 (“the ‘052 Registration”). 2. as early as September 19, 2003, Think has 2. Since at least as early as September 19, 2003, Think has been using "FACEBOOK," "FACE BOOK," "UNIVERSAL FACE BOOK,” and "FACENET" “FACEBOOK,” “FACE BOOK,” “UNIVERSALFACE BOOK," and “FACENET” by themselves and in conjunction with and symbols as trademarks ("Think's Marks"). themselves and in conjunction with other terms and symbols ,, as trademarks (“Think’s Marks”). 3. Think has used Think's 3. Think has used Think’s Marks in association with on-line information services association with information services featuring information regarding, and in the nature of, collegiate life, classifieds, virtual information regarding, and in the nature of, collegiate life, classifeds, virtual and social networking ("Think's Goods”). communities and social networking (“Think’s Goods").

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4. 4.

Think began Think began using Think's Marks on Think's Goods at least as early as September Think’s Marks on Think’s Goods at least as early as September

19,2003. 19, 2003.

COUNT I COUNT I (Priorityof Use and Likelihood of Confusion) (Priority of Use and Likelihood of Confusion) 5. Think incorporates by reference paragraphs as if fully stated here. 5. Think incorporates by reference paragraphs 1 through 4 as if fullystated here. 6. Since prior fling date in ‘052 Registration, Think has been using Think's 6. Since prior to the filingdate in `052 Registration, Think has been using Think’s Marks in connection with Think's Goods. Think’s Goods. 7. Since prior priority date in the ‘052 Registration, Think has been 7. Since prior to the claimed prioritydate in the `052 Registration, Think has been using Think’s Marks in connection with Think's Goods. Think's in Think’s Goods. 8. The goods listed in the ‘052 Registration are either identical or closely related to goods listed `052 either identical 8. Think's Goods. Think’s Goods. 9. The subject mark of the `052 Registration so resembles Think’s Marks as to be 9. ‘052 Registration so resembles Think's Marks as likely to cause confusion, or to cause mistake, or to deceive when used in connection with the used in connection with likely to cause confusion, or to cause goods listed in the `052 Registration. ‘052 10. The continuous registration of the subject of the `052 Registration is causing 10. of the ‘052 injury to Think's business plans, is impairing Think’s rights in its Marks, is inconsistent with injury to Think’s business plans, is impairing Think's inconsistent with Think's rights, and will continue to cause injury to Think until the registration is cancelled. Think’s rights, and will continue to cause injury to Think until the registration is cancelled. COUNT II COUNT II (Genericness) (Genericness) 11. Think incorporates by reference paragraphs as if fully stated here. 11. Think incorporates by reference paragraphs 1 through 4 as if fullystated here. 12. the foregoing, the terms "FACEBOOK" and "FACE BOOK" 12. Notwithstanding the foregoing, the terms “FACEBOOK” and “FACE BOOK” been used, dating back many decades, to describe books of any format, have been used, dating back many decades, to describe books of any format, whether paper or electronic, in which faces of students, employees or other individuals are displayed in a in which faces of students, employees or structured manner. 13. general acceptance of the terms "FACEBOOK" and "FACE BOOK" 13. The wide general acceptance of the terms “FACEBOOK” and “FACE BOOK” are indicative of their status terms, and as such they do not qualify for are indicative of their status as generic terms, and as such they do not qualify for the protection granted by a federal trademark. COUNT III COUNT III (Fraud on the Patent and Trademark Office) (Fraud on the Patent and Tademark Office) 14. Think incorporates by reference paragraphs as if fully stated here. 14. Think incorporates by reference paragraphs 1 through 4 as if fullystated here. 15. Think alleges information and belief that Respondent 15. Think alleges on information and belief that Respondent knew it did not have did not have rights in the subject mark of the `052 Registration when Respondent submitted its application to in the of the ‘052 Respondent submitted its the United States Patent and Trademark Office. States Patent and Trademark Offce. -2-2

16. Think alleges on information and belief that Respondent made false statements 16. Think alleges on information and belief that Respondent made false statements with the intent to induce authorized agents of the United States Patent and Trademark Office with the intent to induce authorized agents United States Patent and Trademark Offce to grant the `052 Registration, and reasonably relying on the truth of said false statements, the relying on the truth of said false statements, ‘052 Registration, and USPTO did, in fact, grant this registration to Respondent. in fact, grant this registration to Respondent. 17. The continuous registration of the subject mark of the `052 Registration is causing 17. of the ‘052 is causing injury to Think's business plans, is impairing Think’s rights in its Marks, is inconsistent with injury to Think’s business plans, is impairing Think's inconsistent with Think's rights, and will continue to cause injury to Think until the registration is cancelled. Think’s rights, and will continue to cause injury to Think until the registration is cancelled. 18. Respondent is not entitled to continued registration of the ‘052 Registration `052 18. Respondent is not entitled to because Respondent committed fraud in the procurement of that registration. because Respondent committed fraud in WHEREFORE, Think hopes that this cancellation be sustained and that United States WHEREFORE, Think hopes that this cancellation be sustained and United States Trademark Registration No. 3,122,052 be cancelled. No. 3,122,052 be

Respectfully submitted,
THINK COMPUTER CORPORATION THINK COMPUTER CORPORATION

Dated: April 15, 2008 Dated: April 15, 2008

By
Aaron Greenspan Aaron Greenspan President & President & CEO 884 College Avenue

Palo Alto, Palo Alto, CA 94306-1303 94306-1303 Phone: (415) 670-9350 Fax: (810) 963-4026

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CERTIFICATE OF MAILING AND SERVICE CERTIFICATE OF MAILING AND SERVICE
on April 15, 2008, the foregoing PETITION TO CANCEL is being I certify that on April 15, 2008, the foregoing PETITION TO CANCEL is being electronically transmitted electronically transmitted to:
Trademark Trial and Appeal Board Commissioner for Trademarks for Trademarks P.O. Box P.O. Box 1451 Alexandria, VA 22313-1451 22313-1451

It is further certified that on April 15, 2008, the foregoing PETITION TO CANCEL is certifed on April 15, 2008, the foregoing PETITION TO CANCEL being served by mailing a copy thereof by frst-class mail addressed to: served by a first-class mail addressed

Facebook, Inc. University 156 University Avenue Palo Alto, Palo Alto, CA 94301 94301

By
Aaron Greenspan Aaron Greenspan President & President & CEO Think Computer Think Computer Corporation 884 College Avenue Palo Alto, Palo Alto, CA 94306-1303 94306-1303

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