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Robert J. Kenney Quoted in World Intellectual Property Review on Accusation Against Facebook for “Trademark Bullying”

BSKB partner Robert J. Kenney was quoted in a recent WIPR article regarding the accusation against Facebook for being a “trademark bully.” In the article, Mr. Kenney stated, “The types of facts that a court would look at are broader and the remedy is different – in the TTAB the remedy is whether or not the mark should be registered, and in the court it is whether the mark can be used or not in commerce.”

He also stated, “The issue in trademark law is not just confusion as to source, but also confusion as to affiliation or sponsorship, so it’s very possible that someone seeing the Facepets site (and trademark) might think that although it’s not Facebook itself, it’s very possible that they are affiliated with or sponsored with Facebook,”

Please read the full article here.