Complaint - Facebook v. Teachbook (IL)

Case: 1:11-cv-03052 Document #: 1 Filed: 05/06/11 Page 1 of 16 PageID #:1
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
FACEBOOK, INC.,
Plaintiff,
Civil Action No.
v.
Jury Trial Demanded
TEACHBOOK.COM LLC,
Defendant.
COMPLAINT SEEKING DAMAGES AND INJUNCTIVE RELIEF FOR FEDERAL

TRADEMARK INFRINGEMENT, FEDERAL TRADEMARK DILUTION, FALSE
DESIGNATION OF ORIGIN, COMMON LAW TRADEMARK INFRINGEMENT,
COMMON LAW UNFAIR COMPETITION, VIOLATION OF THE ANTI-
CYBERSQUATTING CONSUMER PROTECTION ACT, VIOLATION OF THE
ILLINOIS UNIFORM DECEPTIVE TRADE PRACTICES ACT, AND VIOLATION OF
THE ILLINOIS TRADEMARK AND REGISTRATION ACT
Plaintiff, Facebook, Inc., for its complaint against Defendant, Teachbook.com LLC,
states as follows:
PARTIES
1. Plaintiff Facebook, Inc. (“Facebook”) is a Delaware corporation having its
principal place of business at 1601 S. California Avenue, Palo Alto, California 94304.
2. Facebook is informed and believes, and based thereon alleges, that Defendant
Teachbook.com LLC (“Teachbook”) is a Delaware limited liability company located in the State
of Illinois having a place of business at 910 Skokie Boulevard, Suite 200, Northbrook, Illinois
60062.
JURISDICTION AND VENUE
3. This Court has jurisdiction of this action under 15 U.S.C. §§ 1119 and 1121 and
28 U.S.C. §§ 1331, 1338, and 1367. This action is filed under the United States Trademark Act
1
of July 5, 1946, as amended, 15 U.S.C. § 1501, et seq. (the “Lanham Act”).
4. This Court has personal jurisdiction over Defendant in that Defendant is a resident
of the Northern District of Illinois.
5. Venue is proper in this district pursuant to 28 U.S.C. § 1391, as this is a judicial
district in which the sole defendant resides.
COMMON ALLEGATIONS
Facebook’s Famous Trademarks
6. Since its online networking service was launched in February 2004, Facebook has
continuously used the mark FACEBOOK in interstate commerce in the United States in
connection with its goods and services. The FACEBOOK mark is highly distinctive with regard
to online social networking services, and Facebook users are accustomed to seeing and expect to
see Facebook across the world wide web, not just on the Facebook site.
7. Facebook owns multiple U.S. registrations for the mark FACEBOOK. These
registrations cover a wide variety of goods and services, including, but not limited to:
 Online networking services; online chat functions for transmission of

messages, photographs, videos, and other user-defined content; and online
forums;
 Hosting customized web pages featuring user-defined information and

personal profiles;
 Online journals featuring user-defined content and electronic publishing

services; and
 Software to enable uploading, tagging, and sharing of photographs, videos,

and other user-defined content or information.
8. True and correct copies of registrations for the FACEBOOK mark are attached
hereto as Exhibit A, and are incorporated by reference as though fully set forth herein.
9. In addition, Facebook has common law rights in the FACEBOOK mark and
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marks that incorporate FACEBOOK in connection with various other goods and services,
including as identified in pending U.S. trademark applications. True and correct copies of the
U.S. Patent and Trademark Office online status pages for Facebook’s pending trademark
applications for its FACEBOOK and FACEBOOK-formative marks are attached hereto as
Exhibit B, and are incorporated by reference as though fully set forth herein. All of Facebook’s
marks that consist of or incorporate the term FACEBOOK are referred to herein as the
“FACEBOOK Marks.”
10. As a result of the nature and quality of Facebook’s services, its widespread use of
the FACEBOOK Marks, extensive and continuous media coverage, the high degree of consumer
recognition of the FACEBOOK Marks, Facebook’s enormous and loyal user base, its numerous
trademark registrations and pending applications, and other factors, the FACEBOOK Marks are
famous within the meaning of Section 43(c) of the United States Trademark Act, 15 U.S.C. §
1125(c).
11. Through this usage, Facebook has permeated the web and Facebook users are
accustomed to seeing and expect to see Facebook across the world wide web, not just on the
Facebook site. Facebook, and its FACEBOOK trademark, are famous.
Defendant’s Use of the TEACHBOOK Name and Mark
12. Defendant adopted and uses the name and mark TEACHBOOK in connection
with a business and online website, accessible at http://www.teachbook.com, that offers online
networking services for teachers. Defendant’s TEACHBOOK mark (including as used in
connection with the teachbook.com website) and the Teachbook.com domain name are referred
to collectively herein as the “TEACHBOOK Mark.”
13. Defendant has touted on its website that TEACHBOOK is a substitute for
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Facebook: “Many schools forbid their teachers to maintain Facebook and MySpace accounts
because of the danger that students might learn personal information about their teachers. With
Teachbook, you can manage your profile so that only other teachers and/or school administrators
can see your personal information, blogs, posts, and so on. Teachbook is all about community,
utility, and communication for teachers.” Defendant uses the TEACHBOOK Mark in
connection with offering and/or promoting the aforementioned online networking services.
Attached as Exhibit C are true and correct copies of the home page and other pages from the
Teachbook.com website as they appeared in December 2009 and as they appeared on August 16,
2010, and are hereby incorporated by reference as though set forth in full herein.
14. On March 16, 2009, Defendant applied on an intent-to-use basis to register the
TEACHBOOK trademark with the United States Patent and Trademark Office in International
Class 38 (providing on-line chat rooms and electronic bulletin boards for transmission of
messages among registered users concerning educational careers, general interest, classifieds,
virtual community, social networking, photo sharing, and transmission of photographic images;
providing access to on-line computer databases and on-line searchable databases in the field of
educational careers, general interest, classifieds, virtual community, social networking, photo
sharing, and transmission of photographic images) and International Class 42 (design and
development of computer hardware and software; computer services, namely, hosting on-line
web facilities for others for organizing and conducting on-line meetings, gatherings, and
interactive discussions; computer service in the nature of customized web pages featuring user-
defined information, personal profiles and information). A true and correct copy of the U.S.
Patent and Trademark Office online status page for this application is attached hereto as Exhibit
D, and is hereby incorporated by reference as though set forth in full herein. Facebook has
4
opposed registration of this application.
15. Defendant’s TEACHBOOK Mark is substantially similar to the FACEBOOK
Marks.
16. The services offered under Defendant’s Mark are the same as and/or related to
some of the services provided by Facebook.
17. Defendant’s TEACHBOOK Mark also creates a false suggestion of an affiliation
or connection between Defendant and Facebook, where none exists.
18. On information and belief, Defendant adopted its TEACHBOOK Mark with the
intention of causing confusion with, and trading on the goodwill of, the FACEBOOK Marks.
19. Facebook began using its FACEBOOK mark at least as early as February 2004,
and filed applications resulting in federal registrations, well prior to Defendant’s use of the
TEACHBOOK Mark. The FACEBOOK Marks also acquired wide recognition in the general
consuming public, and became famous, well prior to Defendant’s use of the TEACHBOOK
Mark.
Procedural History
20. This case was originally filed in the United States District Court for the Northern
District of California on August 18, 2010.
21. Defendant Teachbook subsequently moved to dismiss the case for lack of
personal jurisdiction in the Northern District of California and, in the alternative, to transfer
venue to the Northern District of Illinois.
22. On May 3, 2011 Judge Ronald Whyte dismissed Plaintiff’s case for lack of
personal jurisdiction. Judge White stated, “Teachbook, somewhat implausibly, insists that it did
not intend to trade on Facebook’s mark, and that it selected the TEACHBOOK mark in 2009
5
because of the connection between teachers and books.” Judge Whyte went on to rule,
“Facebook has made a prima facie showing that Teachbook committed an intentional act by
selecting a confusingly similar trademark, and that the act caused harm that Teachbook knew
was likely to be suffered in the Northern District of California. Nonetheless, Facebook fails to
satisfy the ‘effects’ test because it has not made a prima facie showing that Teachbook’s conduct
was ‘expressly aimed’ at the forum.”
23. Accordingly, Facebook brings the present action in this District, where Defendant
has admitted to be resident.
FIRST CAUSE OF ACTION

(Federal Trademark Infringement)
24. Facebook incorporates by reference paragraphs 1 through 23, inclusive, as if fully
set forth herein.
25. The TEACHBOOK Mark is highly similar to the registered FACEBOOK Marks
in appearance, sound, meaning, and commercial impression.
26. Defendant’s services are the same as and/or related to some of Facebook’s
services.
27. Both Facebook and Defendant offer their services through the same channel of
trade, i.e., the internet.
adopted the TEACHBOOK Mark with knowledge of, and the intent to call to mind and create a
likelihood of confusion with regard to, and/or trade off the fame of Facebook and the registered
FACEBOOK Marks.
29. Facebook has given notice of its registrations, applications, and claimed
trademark rights pursuant to section 29 of the Lanham Act, 15 U.S.C. § 1111. Defendant
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continues to use the TEACHBOOK Mark despite Facebook’s express objection thereto.
30. Defendant’s continued use of the TEACHBOOK Mark will injure Facebook by
causing a likelihood that the public will be confused or mistaken into believing that the goods or
services provided by Defendant are endorsed or sponsored by Facebook.
31. Facebook has no control over the nature and quality of the goods or services
offered by Defendant under Defendant’s Mark, and Facebook’s reputation and goodwill will be
damaged and the value of Facebook’s registered and common law marks jeopardized by
Defendant’s continued use of the TEACHBOOK name and mark. Because of the likelihood of
confusion between the parties’ marks, any defects, objections, or faults found with Defendant’s
services marketed under the TEACHBOOK Mark would negatively reflect upon and injure the
reputation that Facebook has established for the services it offers in connection with the
registered FACEBOOK Marks. As such, Defendant is liable to Facebook for infringement of a
registered mark under 15 U.S.C. §1114.
32. Defendant’s acts alleged above have caused, and if not enjoined will continue to
cause, irreparable and continuing harm to Facebook’s marks, business, reputation, and goodwill.
Facebook has no adequate remedy at law as monetary damages are inadequate to compensate
Facebook for the injuries caused by Defendant.
33. As a result of Defendant’s infringement of Facebook’s registered marks,
Facebook has incurred damages in an amount to be proven at trial.
34. Defendant’s infringement of Facebook’s registered marks is deliberate, willful,
fraudulent and without any extenuating circumstances, and constitutes a knowing use of
Facebook’s marks and an exceptional case within the meaning of Lanham Act section 35, 15
U.S.C. § 1117. Facebook is therefore entitled to recover three times the amount of its actual
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damages and the attorneys’ fees and costs incurred in this action, and prejudgment interest.
SECOND CAUSE OF ACTION

(Federal Trademark Dilution)
set forth herein.
36. As a result of the enormous publicity afforded the FACEBOOK Marks, and the
strong and loyal base of customers that enjoys Facebook’s services, the FACEBOOK Marks
have a high degree of consumer recognition, are widely recognized by the general consuming
public of the United States as a designation of Facebook’s services, and are famous.
37. The FACEBOOK Marks became famous before Defendant adopted the
TEACHBOOK Mark.
38. Defendant’s Mark incorporates a distinctive part of the FACEBOOK Marks, i.e.,
“book,” and thus its use is likely to cause an association between Defendant’s Mark and the
FACEBOOK Marks that impairs the distinctiveness of the FACEBOOK Marks and weakens the
connection in consumers’ minds between the FACEBOOK Marks and Facebook’s services.
Defendant’s use of the TEACHBOOK Mark is likely to cause dilution by blurring based on a
number of relevant considerations, including:
(a) Defendant’s Mark is similar to the FACEBOOK Marks in that the
Defendant’s Mark combines the distinctive BOOK suffix of the FACEBOOK mark with a
generic term for Defendant’s target market;
(b) The FACEBOOK Marks are inherently distinctive;
(c) Facebook is engaging in substantially exclusive use of the FACEBOOK
Marks in connection with social and professional networking services;
(d) The FACEBOOK Marks are widely recognized by the general consuming
8
public; and
(e) Facebook is informed and believes, and based thereon alleges, that
Defendant intends to create an association with the FACEBOOK Marks.
40. As a result of Defendant’s acts as alleged above, Facebook has incurred damages
in an amount to be proven at trial.
41. Defendant’s wrongful use of the TEACHBOOK Mark is deliberate, willful,
fraudulent, and without any extenuating circumstances, and constitutes a willful intent to trade
on Facebook’s reputation or to cause dilution of the famous FACEBOOK Marks and an
exceptional case within the meaning of Lanham Act section 35, 15 U.S.C. § 1117. Facebook is
therefore entitled to recover three times the amount of its actual damages and the attorneys’ fees
and costs incurred in this action, and prejudgment interest.
THIRD CAUSE OF ACTION

(Federal False Designation of Origin)
set forth herein.
43. In connection with Defendant’s services, Defendant has used in commerce and
without Facebook’s authorization or consent the TEACHBOOK Mark, which is highly similar to
the registered and common law FACEBOOK Marks.
44. Such acts are likely to cause confusion and deception among the purchasing
public and/or are likely to lead the consuming public to believe that Facebook has authorized,
9
approved or somehow sponsored Defendant’s use of the TEACHBOOK Mark in connection with
Defendant’s services.
45. The aforesaid wrongful acts of Defendant constitute the use of a false designation
of origin and false description or representation, all in violation of 15 U.S.C. § 1125(a).
48. Defendant’s wrongful use of the TEACHBOOK Mark is deliberate, willful,
fraudulent and without any extenuating circumstances, and constitutes a knowing use of
Facebook’s marks and an exceptional case within the meaning of Lanham Act section 35, 15
U.S.C. § 1117. Facebook is therefore entitled to recover three times the amount of its actual
damages and the attorneys’ fees and costs incurred in this action, and prejudgment interest.
FOURTH CAUSE OF ACTION

(Common Law Trademark Infringement)
set forth herein.
50. Defendant’s acts alleged herein and specifically, without limitation, Defendant’s
use of the TEACHBOOK Mark, infringe Facebook’s exclusive trademark rights in the
FACEBOOK Marks, in violation of the common law.
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53. Defendant’s wrongful use of the TEACHBOOK Mark is deliberate, willful, and
in reckless disregard of Facebook’s trademark rights, entitling Facebook to the recovery of
punitive damages.
FIFTH CAUSE OF ACTION

(Common Law Unfair Competition)
set forth herein.
55. Facebook is informed and believes, and based thereon alleges, that Defendant has
engaged in and continues to engage in unfair competition by using the TEACHBOOK Mark,
with the intention of interfering with and trading on the business reputation and goodwill
engendered by Facebook through hard work and diligent effort.
SIXTH CAUSE OF ACTION

(Cybersquatting)
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set forth herein.
acquired, and subsequently made use of, the TEACHBOOK.COM domain. True and correct
copies of the domain name registration records for TEACHBOOK.COM reflecting Defendant’s
ownership of the domain are attached hereto as Exhibit E, and are hereby incorporated by
reference as though set forth in full herein.
60. Facebook is informed and believes, and based thereon alleges, that Facebook
began using the distinctive and famous FACEBOOK Marks years prior to Defendant’s
acquisition of the TEACHBOOK.COM domain name. By the time Defendant acquired the
TEACHBOOK.COM domain name, the FACEBOOK Marks were widely recognized as an
indicator of source for Facebook’s services, and were famous.
61. Defendant’s TEACHBOOK.COM domain name is confusingly similar and/or
dilutive of the FACEBOOK Marks.
acquired and has used the TEACHBOOK.COM domain name with bad faith intent to profit from
the FACEBOOK Marks.
64. Facebook is entitled to cancellation of Defendant’s TEACHBOOK.COM domain
name registration or transfer of the domain name to Facebook, along with monetary
compensation and statutory penalties pursuant to the Anti-Cybersquatting Consumer Protection
12
Act, 15 U.S.C. § 1125(d).
SEVENTH CAUSE OF ACTION

(Violation of the Illinois Uniform Deceptive Trade Practices Act, 815 ILCS §§ 510, et seq.)
set forth herein.
66. By the acts described herein, Defendant has engaged in unlawful and unfair
business practices that have injured and will continue to injure Facebook in its business and
property, in violation of the Illinois Uniform Deceptive Trade Practices Act, 815 ILCS §§ 510, et
seq.
68. As a direct and proximate result of Defendant’s conduct alleged herein, Defendant
has been unjustly enriched and should be ordered to disgorge any and all profits earned as a
result of such unlawful conduct.
EIGHTH CAUSE OF ACTION

(Trademark Dilution, Illinois Trademark and Registration Act, 765 ILCS §§ 1036, et seq.)
set forth herein.
70. The FACEBOOK Marks are distinctive and famous within the meaning of section
65 of the Illinois Trademark and Registration Act, 765 ILCS § 1036/65.
71. Defendant’s use of the TEACHBOOK Mark began after the FACEBOOK Marks
became famous.
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72. Defendant’s continued use of the TEACHBOOK Mark is likely to cause injury to
Facebook’s business reputation and/or the dilution of the distinctive quality of Facebook’s
famous FACEBOOK Marks, in violation of the Illinois Trademark and Registration Act, 765
ILCS § 1036/65.
74. Defendant’s wrongful use of the TEACHBOOK Mark is deliberate, willful, and
in reckless disregard of Facebook’s trademark rights, entitling Facebook to the recovery of
damages in an amount to be proved at trial, and treble damages.
PRAYER FOR RELIEF
WHEREFORE, Facebook prays:
A. That this Court grant preliminary and permanent injunctive relief enjoining
Defendant and all others acting in concert with and having knowledge thereof, from using the
TEACHBOOK Mark, and any similar trade name or mark or variant thereof, or other “generic
plus BOOK” mark, as a trade name, trademark, service mark, domain name, or for any other
purpose;
B. That this Court declare the TEACHBOOK trademark application void ab initio;
C. That this Court order Defendant to account to Facebook any and all revenues and
profits that Defendant has derived from its wrongful actions and to pay all damages which
Facebook has sustained by reason of the acts complained of herein, and that such damages be
trebled;
14
D. That this Court award Facebook the costs of this action and reasonable attorneys’
fees and expenses;
E. That this Court award Facebook punitive damages;
F. That this Court order the Registrar of the TEACHBOOK.com domain name to
cancel or transfer the registrations to Facebook; and
G. That this Court grant such other and further relief as it should deem just.
DEMAND FOR JURY TRIAL
Plaintiff Facebook, Inc. hereby demands a trial by jury on all issues for which a trial by
jury may be had.
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Respectfully submitted,
Dated: May 6, 2011 /s/ Michael J. Harris

Christopher J. Renk (IL Bar No. 6199012)
Michael J. Harris (IL Bar No. 6280168)
BANNER & WITCOFF, LTD.
10 S. Wacker Drive, Ste. 3000
Chicago, IL 60606
Tel: (312) 463-5000
Fax: (312) 463-5001
Email: crenk@bannerwitcoff.com
mharris@bannerwitcoff.com
Michael G. Rhodes (pro hac vice pending)

COOLEY LLP
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Phone: (415) 693-2000
Fax: (415) 693-2222
Email: rhodesmg@cooley.com
Anne H. Peck (pro hac vice pending)

Jeffrey T. Norberg (pro hac vice pending)
COOLEY LLP
3175 Hanover Street
Palo Alto, CA 94304-1130
Telephone: (650) 843-5000
Facsimile: (650) 849-7400
Email: peckah@cooley.com
jnorberg@cooley.com
Attorneys for Plaintiff, Facebook, Inc.
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Case: 1:11-cv-03052 Document #: 1-1 Filed: 05/06/11 Page 1 of 1 PageID #:17
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
FACEBOOK, INC.,
Plaintiff,
v. Civil Action No.
TEACHBOOK.COM LLC, Jury Trial Demanded
Defendant.
EXHIBITS TO
COMPLAINT SEEKING DAMAGES AND INJUNCTIVE RELIEF FOR FEDERAL
TRADEMARK INFRINGEMENT, FEDERAL TRADEMARK DILUTION, FALSE
DESIGNATION OF ORIGIN, COMMON LAW TRADEMARK INFRINGEMENT,
COMMON LAW UNFAIR COMPETITION, VIOLATION OF THE ANTI-
CYBERSQUATTING CONSUMER PROTECTION ACT, VIOLATION OF THE
ILLINOIS UNIFORN DECEPTIVE TRADE PRACTICES ACT, AND VIOLATION OF
THE ILLINOIS TRADEMARK AND REGISTRATION ACT
Exhibit No. Description

Exhibit A Copies of Trademark Registrations for the FACEBOOK mark.
Exhibit B Copies of U.S. Patent and Trademark Office online status pages for Plaintiff’s
pending Trademark Application.
Exhibit C Copy of Web pages from TEACHBOOK.COM.
Exhibit D Copies of U.S. Patent and Trademark Office online status pages for Defendant’s
Application.
Exhibit E Copy of Domain Name registration records for TEACHBOOK.COM.

EXHIBIT A
EXHIBIT B
Latest Status Info
Thank you for your request. Here are the latest results from the TARR web server.
This page was generated by the TARR system on 2011-04-13 11:53:00 ET
Serial Number: 77321779 Assignment Information Trademark Document Retrieval
Registration Number: (NOT AVAILABLE)
Mark
(words only): FACEBOOK ADS
Standard Character claim: Yes
Current Status: A non-final Office Action has been sent (issued) to the applicant after review of the Statement of
Use. This is a letter from the examining attorney requiring additional information and/or making an initial refusal. The
applicant must respond. To view all documents in this file, click on the Trademark Document Retrieval link at the top
of this page.
Date of Status: 2011-01-12
Filing Date: 2007-11-05
Transformed into a National Application: No
Registration Date: (DATE NOT AVAILABLE)
Register: Principal
Law Office Assigned: LAW OFFICE 103
Attorney Assigned:
IN SUNG HYUN
Current Location: L3X -TMEG Law Office 103 - Examining Attorney Assigned
Date In Location: 2011-01-12
LAST APPLICANT(S)/OWNER(S) OF RECORD
1. Facebook, Inc.
Address:
Facebook, Inc.
http://tarr.uspto.gov/tarr?regser=serial&entry=77321779&action=Request+Status[4/13/2011 8:53:04 AM]

Latest Status Info
1601 South California Avenue
Palo Alto, CA 94304
United States
Legal Entity Type: Corporation
State or Country of Incorporation: Delaware
GOODS AND/OR SERVICES
International Class: 035

Class Status: Active
Advertising and information distribution services, namely, providing advertising space via the global computer
network; promoting the goods and services of others over the Internet; providing on-line computer databases and on-
line searchable databases in the field of classifieds
Basis: 1(b)
First Use Date: 2007-11-00
First Use in Commerce Date: 2007-11-00

Providing access to information, audio, and video via websites, online forums, chat rooms, electronic mail and blogs
over the Internet; providing access to computer databases; electronic transmission of instant messages and data;
providing on-line computer databases and on-line searchable databases in the fields of transmission of photographic
images, provision of virtual communities, and provision of on-line forums for communications on topics of general
interest
Basis: 1(b)

Application service provider (ASP) featuring software to enable uploading, posting, showing, displaying, tagging,
blogging, sharing or otherwise providing electronic media or information over the Internet or other communications
network; Providing temporary use of non-downloadable software applications for posting and reading classifieds, for
creating and maintaining virtual communities, for social networking, photo sharing, video sharing, and transmission of
photographic images; hosting online web facilities for users to upload, post, and display photographs and videos for
sharing with others
Basis: 1(b)

Providing on-line computer databases and on-line searchable databases in the field of social networking
Basis: 1(b)
ADDITIONAL INFORMATION
Disclaimer: "ADS"
Prior Registration Number(s):

Latest Status Info
3041791
3122052
MADRID PROTOCOL INFORMATION
(NOT AVAILABLE)
PROSECUTION HISTORY
NOTE: To view any document referenced below, click on the link to "Trademark Document Retrieval" shown
near the top of this page.
2011-01-12 - Notification Of Non-Final Action E-Mailed
2011-01-12 - NON-FINAL ACTION E-MAILED
2011-01-12 - SU - Non-Final Action - Written
2010-12-28 - Statement Of Use Processing Complete
2010-12-20 - Use Amendment Filed
2010-12-20 - TEAS Statement of Use Received
2010-11-18 - Notice Of Approval Of Extension Request E-Mailed
2010-11-17 - Extension 2 granted
2010-11-15 - Extension 2 filed
2010-11-15 - TEAS Extension Received
2010-06-01 - Case Assigned To Intent To Use Paralegal
2009-12-15 - NOA Mailed - SOU Required From Applicant
2009-09-22 - Published for opposition
2009-09-02 - Notice of publication
2009-08-20 - Law Office Publication Review Completed
2009-08-15 - Approved For Pub - Principal Register

Latest Status Info
2009-08-06 - Teas/Email Correspondence Entered
2009-08-06 - Communication received from applicant
2009-08-06 - TEAS Response to Office Action Received
2009-07-23 - Applicant/Correspondence Changes (Non-Responsive) Entered
2009-07-21 - PAPER RECEIVED
2009-06-05 - Non-Final Action Written
2009-06-04 - Previous Allowance Count Withdrawn
2009-05-31 - Withdrawn From Pub - Og Review Query
2009-04-29 - Combined Examiner's Amendment/Priority Action Entered
2009-04-28 - Notification Of Examiner's Amendment/Priority Action E-Mailed
2009-04-28 - Examiner's Amendment/Priority Action E-Mailed
2009-04-28 - Examiners Amendment And/Or Priority Action - Completed
2009-03-30 - Examiner's Amendment Entered
2009-03-30 - Notification Of Examiners Amendment E-Mailed
2009-03-30 - EXAMINERS AMENDMENT E-MAILED
2009-03-30 - Examiners Amendment -Written

Latest Status Info
2009-03-26 - Assigned To LIE
2009-03-25 - TEAS Request For Reconsideration Received
2008-09-25 - Notification Of Final Refusal Emailed
2008-09-25 - Final refusal e-mailed
2008-09-25 - Final Refusal Written
2008-04-30 - Attorney Revoked And/Or Appointed
2008-04-30 - TEAS Revoke/Appoint Attorney Received
2008-02-24 - Non-final action e-mailed
2008-02-16 - Assigned To Examiner
2007-11-09 - Notice Of Pseudo Mark Mailed
2007-11-08 - New Application Entered In Tram
ATTORNEY/CORRESPONDENT INFORMATION
Attorney of Record
Anne H. Peck
Correspondent
ANNE H. PECK
COOLEY GODWARD KRONISH LLP
777 6th Street, NW, Suite 1100
WASHINGTON, DC 20001-2421
Phone Number: (650) 843-5000
Fax Number: (650) 849-7400

Latest Status Info
Mark
(words only): FACEBOOK PAGES
Current Status: A second request for extension of time to file a Statement of Use has been granted.
The Notice of Allowance Date is: 2009-12-15
Register: Principal
Attorney Assigned:
IN SUNG HYUN
Current Location: 700 -Intent To Use Section
1. Facebook, Inc.
Address:
Facebook, Inc.

Latest Status Info
Palo Alto, CA 94304
United States

Computer software development tools for social networking, building social networking applications and for allowing
data retrieval, upload, access and management; application programming interface (API) for use with third-party
software and for use with online services for social networking, building social networking applications and for
allowing data retrieval, upload, access and management; Software to enable uploading, posting, showing, displaying,
tagging, blogging, sharing or otherwise providing electronic media or information over the Internet or other
communications network
Basis: 1(b)
First Use Date: (DATE NOT AVAILABLE)
First Use in Commerce Date: (DATE NOT AVAILABLE)

Providing an online directory information service featuring information regarding, and in the nature of, collegiate life,
general interest, classifieds, virtual community, social networking, photo sharing, and transmission of photographic
images; advertising and information distribution services, namely, providing classified advertising space via the global
computer network; promoting the goods and services of others over the Internet; providing on-line computer databases
and on-line searchable databases in the field of classifieds
Basis: 1(b)

Providing online chat rooms and electronic bulletin boards for registered users for transmission of messages
concerning collegiate life, general interest, classifieds, virtual community, social networking, photo sharing, and
transmission of photographic images; telecommunication services, namely, worldwide switched text and message
transmission services, electronic message sending and outcall notification services; providing electronic and digital
transmission of voice, data, images, signals, and messages in relation to using mobile devices, namely, to look up user
profile information, search for users, send messages to users, post information viewable by users, add contacts, and
provide notifications; Audio and video broadcasting services over the Internet or other communications networks
featuring the uploaded, posted, tagged, displayed, and electronically transmitted information and video and audio clips
of others; providing multiple use access to global computer information networks for the transfer and dissemination of
a wide range of information, namely, providing access to information, audio, and video via websites, online forums,
chat rooms, electronic mail and blogs over the Internet; Providing access to computer databases; electronic
transmission of instant messages and data; providing on-line computer databases and on-line searchable databases in
the fields of transmission of photographic images, provision of virtual communities, and provision of on-line forums
for communications on topics of general interest
Basis: 1(b)

Electronic publishing services, namely, publishing of online works of others featuring user-created text, audio, video,

Latest Status Info
and graphics; providing on-line journals and web logs featuring user-created content
Basis: 1(b)

Computer services, namely, hosting online web facilities for others for organizing and conducting online meetings,
gatherings, and interactive discussions; and computer services in the nature of customized web pages featuring user-
defined information, personal profiles and information; Application service provider (ASP) featuring software to
enable uploading, posting, showing, displaying, tagging, blogging, sharing or otherwise providing electronic media or
information over the Internet or other communications network; Providing temporary use of non-downloadable
software applications for posting and reading classifieds, for creating and maintaining virtual communities, for social
networking, photo sharing, video sharing, and transmission of photographic images; hosting online web facilities for
users to upload, post, and display photographs and videos for sharing with others
Basis: 1(b)

Internet based introduction and social networking services; providing on-line computer databases and on-line
searchable databases in the fields of social networking
Basis: 1(b)
Disclaimer: "PAGES"

3041791
3122052
(NOT AVAILABLE)
PROSECUTION HISTORY

Latest Status Info
2010-07-16 - TEAS Change Of Owner Address Received
2010-06-01 - Case Assigned To Intent To Use Paralegal
2009-12-15 - NOA Mailed - SOU Required From Applicant
2009-09-02 - Notice of publication
2009-07-23 - Amendment From Applicant Entered

Latest Status Info
2008-09-25 - Notification Of Final Refusal Emailed
2008-09-25 - Final refusal e-mailed
2008-09-25 - Final Refusal Written
2008-04-30 - Attorney Revoked And/Or Appointed
2008-04-30 - TEAS Revoke/Appoint Attorney Received

Latest Status Info
Attorney of Record
Anne H. Peck
Correspondent
ANNE H. PECK
Cooley LLP
Washington DC 20001
Phone Number: 650 843-5000
Fax Number: 650 857-0663

Latest Status Info
Mark
(words only): FACEBOOK FOR GOOD
Current Status: Suspension check completed. Application remains suspended.
Register: Principal
Attorney Assigned:
RICHARDS LESLIE L
Current Location: L60 -TMEG Law Office 106
1. Facebook, Inc.
Address:
Facebook, Inc.
Palo Alto, CA 94304
United States

Latest Status Info

Charitable services, namely, promoting public awareness about charitable, philanthropic, volunteer, public and
community service and humanitarian activities
Basis: 1(b)

Conducting contest and incentive award programs designed to recognize and reward individuals and groups which
engage in self-improvement, self-fulfillment, charitable, philanthropic, volunteer, public and community service, and
humanitarian activities
Basis: 1(b)

Hosting an online community website featuring shared communications between community members interested in
self-improvement, self-fulfillment, charitable, philanthropic, volunteer, public and community service, and
humanitarian activities all via global communication networks
Basis: 1(b)

Providing social networking services via global communication networks; providing information in the field of
personal development, namely, self-improvement and self-fulfillment; providing information in the field of connecting
with charitable, philanthropic, volunteer, humanitarian, and public and community service organizations and
opportunities through online social networking
Basis: 1(b)

3041791
3122052
(NOT AVAILABLE)

Latest Status Info
PROSECUTION HISTORY
2011-01-28 - Report Completed Suspension Check Case Still Suspended
2010-07-16 - TEAS Change Of Owner Address Received
2009-07-23 - Notification Of Letter Of Suspension E-Mailed
2009-07-23 - LETTER OF SUSPENSION E-MAILED
2009-07-23 - Suspension Letter Written
Attorney of Record
Anne H. Peck
Correspondent
ANNE H. PECK

Latest Status Info
Cooley LLP
Washington DC 20001
Phone Number: 650 843-5000
Fax Number: 650 857-0663

Latest Status Info
Mark
(words only): FACEBOOK
Standard Character claim: No
Current Status: Notice of Allowance (NOA) sent (issued) to the applicant. Applicant must file a Statement of Use or
Extension Request within six months of the NOA issuance date.
Register: Principal
Attorney Assigned:
FLOWERS JAY K
1. Facebook, Inc.
Address:
Facebook, Inc.

Latest Status Info
Palo Alto, CA 94304
United States

Marketing, advertising and promotion services; market research and information services; advertising services, namely,
promoting the goods and services of others via computer and communication networks; operating on-line marketplaces
for sellers of goods and/or services; online retail store services featuring digital media, namely, pre-recorded digital
sound, video and data recordings featuring music, text, video, games, comedy, drama, action, adventure or animation;
charitable services, namely, promoting public awareness about charitable, philanthropic, volunteer, public and
community service and humanitarian activities
Basis: 1(b)

Delivery of digital music by electronic transmission
Basis: 1(b)

Contest and incentive award programs designed to recognize, reward and encourage individuals and groups which
engage in self-improvement, self-fulfillment, charitable, philanthropic, volunteer, public and community service and
humanitarian activities and sharing of creative work product
Basis: 1(b)
Color(s) Claimed: The color(s) blue and white is/are claimed as a feature of the mark.
Description of Mark: The mark consists of the word "FACEBOOK" in white letters with a blue background.
Design Search Code(s):

26.11.21 - Rectangles that are completely or partially shaded
26.11.25 - Rectangles with one or more curved sides

3041791
3122052
3734637

Latest Status Info
(NOT AVAILABLE)
PROSECUTION HISTORY
2011-01-18 - NOA E-Mailed - SOU Required From Applicant
2010-11-23 - Notice Of Publication E-Mailed
2010-03-01 - Applicant amendment prior to exam entered
2010-02-03 - TEAS Voluntary Amendment Received
2009-12-23 - TEAS Change Of Correspondence Received
2009-12-24 - Notice Of Design Search Code Mailed

Latest Status Info
2009-12-23 - New Application Office Supplied Data Entered In Tram
Attorney of Record
Anne H. Peck
Correspondent
ANNE H. PECK
777 6TH ST NW STE 1100
Phone Number: (650) 843-5000
Fax Number: (650) 857-0663

Latest Status Info
Mark
Register: Principal
Attorney Assigned:
FLOWERS JAY K
1. Facebook, Inc.
Address:
Facebook, Inc.

Latest Status Info
Palo Alto, CA 94304
United States

Financial transaction processing services, namely, clearing and reconciling financial transactions via computer and
communication networks; Electronic processing and transmission of bill payment data for users of computer and
communication networks; Electronic funds transfer services; Bill payment services; Financial exchange services,
namely, providing a virtual currency for use by members of an online community via computer and communication
networks
Basis: 1(b)


3041791
3122052
3734637
(NOT AVAILABLE)
PROSECUTION HISTORY
2010-09-30 - Extension Of Time To Oppose Process - Terminated
2010-06-23 - Extension Of Time To Oppose Received

Latest Status Info
Attorney of Record
Anne H. Peck
Correspondent
Anne H. Peck
777 6TH STREET, NW, SUITE 1100
WASHINGTON DC 20001
Phone Number: (650) 843-5000
Fax Number: (650) 857-0663

Latest Status Info
Mark
Register: Principal
Attorney Assigned:
FLOWERS JAY K
1. Facebook, Inc.
Address:
Facebook, Inc.

Latest Status Info
Palo Alto, CA 94304
United States

Providing access to computer, electronic and online databases; telecommunications services, namely, electronic
transmission of data, messages and information; providing online forums for communication on topics of general
interest; providing online communications links which transfer web site users to other local and global web pages;
providing access to web sites for others hosted on computer servers accessible via a global computer network;
providing access to third party web sites by enabling users to log in through a universal username and password via a
global computer network and other communication networks; providing online chat rooms and electronic bulletin
boards for transmission of messages among users in the field of general interest; audio, text and video broadcasting
services over the Internet or other communications networks featuring the uploaded, posted and tagged audio, text and
video content of others; audio, text and video broadcasting services over the Internet or other communications
networks, namely, electronically transmitting audio clips, text and video clips of others
Basis: 1(b)

Identification verification services, namely, providing authentication of personal identification information
Basis: 1(b)


3041791
3122052
3734637
(NOT AVAILABLE)

Latest Status Info
PROSECUTION HISTORY

Latest Status Info
Attorney of Record
Anne H. Peck
Correspondent
ANNE H. PECK
Phone Number: (650) 843-5000
Fax Number: (650) 857-0663

Latest Status Info
Mark
Register: Principal
Attorney Assigned:
FLOWERS JAY K
1. Facebook, Inc.
Address:
Facebook, Inc.

Latest Status Info
Palo Alto, CA 94304
United States

Peer-to-peer photo sharing services, namely, electronic transmission of digital photo files among internet users
Basis: 1(b)

Providing computer, electronic and online databases in the field of entertainment and in the fields of secondary,
collegiate, social and community interest groups; on-line journals, namely, blogs in the fields of entertainment,
education, social, political, cultural, economic, scientific and general interest; electronic publishing services, namely,
publication of text and graphic works of others via computer and communications networks in the fields of
entertainment, education, social, political, cultural, economic, scientific and general interest; publishing of electronic
publications; entertainment services, namely, providing temporary use of interactive, multiplayer and single player
games for games played via computer or communication networks; providing information about online computer
games and video games via computer or communication networks; arranging and conducting competitions for video
gamers and computer game players
Basis: 1(b)

Peer-to-browser photo sharing services, namely, providing a website featuring technology enabling users to upload,
view, and download digital photos; providing a web site featuring technology that enables users to upload and share
video, photos, text, graphics and data; creating and maintaining blogs for others; providing a web hosting platform for
use of non-downloadable software in connection with interactive, multiplayer and single player games for third parties
Basis: 1(b)


3041791

Latest Status Info
3122052
3734637
(NOT AVAILABLE)
PROSECUTION HISTORY
2010-03-22 - Notification Of Priority Action E-Mailed
2010-03-22 - Priority Action E-Mailed
2010-03-22 - Priority Action Written

Latest Status Info
Attorney of Record
Anne H. Peck
Correspondent
ANNE H. PECK
Phone Number: (650) 843-5000
Fax Number: (650) 857-0663

Latest Status Info
Mark
Register: Principal
Attorney Assigned:
FLOWERS JAY K
1. Facebook, Inc.
Address:
Facebook, Inc.

Latest Status Info
Palo Alto, CA 94304
United States

Compiling of information into computer databases
Basis: 1(b)

Computer services, namely, creating on-line virtual communities for registered users to organize groups and events,
participate in discussions, and engage in social, business and community networking; computer services, namely,
hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via
communication networks; application service provider (ASP) services, namely, hosting computer software applications
of others; application service provider (ASP) featuring software to enable or facilitate the uploading, downloading,
streaming, posting, displaying, blogging, linking, sharing or otherwise providing electronic media or information over
communication networks; providing an online network service that enables users to transfer personal identity data to
and share personal identity data with and among multiple websites; providing a web site featuring technology that
enables online users to create personal profiles featuring social networking information and to transfer and share such
information among multiple websites; computer services, namely, creating indexes of information, sites and other
resources available on computer networks; providing temporary use of non-downloadable software applications for
social networking, creating a virtual community, and transmission of audio, video, photographic images, text, graphics
and data; computer services in the nature of customized web pages featuring user-defined or specified information,
personal profiles, audio, video, photographic images, text, graphics and data
Basis: 1(b)


3041791
3122052
3734637

Latest Status Info
(NOT AVAILABLE)
PROSECUTION HISTORY
Attorney of Record
Anne H. Peck
Correspondent

Latest Status Info
ANNE H. PECK
Phone Number: (650) 843-5000
Fax Number: (650) 857-0663

Latest Status Info
Mark
Register: Principal
Attorney Assigned:
FLOWERS JAY K
1. Facebook, Inc.
Address:
Facebook, Inc.

Latest Status Info
Palo Alto, CA 94304
United States

Providing access to computer databases in the fields of social networking, social introduction and dating
Basis: 1(b)

Social introduction, networking and dating services; providing social services and information in the field of personal
development, namely, self-improvement, self-fulfillment, charitable, philanthropic, volunteer, public and community
services, and humanitarian activities
Basis: 1(b)

26.11.02 - Plain single line rectangles; Rectangles (single line)

3041791
3122052
3734637
(NOT AVAILABLE)
PROSECUTION HISTORY

Latest Status Info
2009-12-24 - Notice Of Design Search Code And Pseudo Mark Mailed
Attorney of Record
Anne H. Peck
Correspondent
ANNE H. PECK
Phone Number: (650) 843-5000
Fax Number: (650) 857-0663

Latest Status Info
Mark
(words only): FACEBOOK DEVELOPER GARAGE
Current Status: Application has been published for opposition. The opposition period begins on the date of
publication.
The Information will be/was published in the Official Gazette on 2011-02-22
Register: Principal
Attorney Assigned:
ALTREE NICHOLAS
Current Location: 650 -Publication And Issue Section
1. Facebook, Inc.
Address:
Facebook, Inc.

Latest Status Info
Palo Alto, CA 94304
United States

Computer software development tools; computer software for use as an application programming interface (API);
application programming interface (API) for computer software which facilitates online services for social networking,
building social networking applications and for allowing data retrieval, upload, download, access and management;
computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming,
linking, sharing or otherwise providing electronic media or information via computer and communication networks
Basis: 1(b)
Disclaimer: "DEVELOPER"

3734637
3793608
3801147
(NOT AVAILABLE)
PROSECUTION HISTORY

Latest Status Info
Attorney of Record
Anne H. Peck
Correspondent
ANNE H. PECK
Phone Number: (650) 843-5000
Fax Number: (650) 857-0663

Latest Status Info
Mark
publication.
Register: Principal
Attorney Assigned:
ALTREE NICHOLAS
1. Facebook, Inc.
Address:
Facebook, Inc.

Latest Status Info
Palo Alto, CA 94304
United States

downloadable electronic publications, namely, journals featuring user-specified content in the field of entertainment,
education, social, scientific and general interest
Basis: 1(b)

organizing exhibitions and events in the field of software development for commercial or advertising purposes
Basis: 1(b)

on-line journals, namely, blogs in the field of entertainment, education, social, scientific and general interest; arranging
and conducting educational conferences; organizing exhibitions and events in the field of software development for
educational purposes
Basis: 1(b)

3734637
3793608
3801147
(NOT AVAILABLE)
PROSECUTION HISTORY

Latest Status Info
Attorney of Record
Anne H. Peck
Correspondent
ANNE H. PECK
Phone Number: (650) 843-5000
Fax Number: (650) 857-0663

Latest Status Info
Mark
publication.
Register: Principal
Attorney Assigned:
ALTREE NICHOLAS
1. Facebook, Inc.
Address:
Facebook, Inc.

Latest Status Info
Palo Alto, CA 94304
United States

Computer services, namely, creating virtual communities for registered users to organize groups and events, participate
in discussions, and engage in social, business and community networking; computer services, namely, hosting
electronic facilities for others for organizing and conducting meetings, events and interactive discussions via
communication networks; application service provider (ASP) featuring software to enable or facilitate the uploading,
downloading, streaming, posting, displaying, blogging, linking, sharing or otherwise providing electronic media or
information over communication networks; providing an online network service that enables users to transfer personal
identity data to and share personal identity data with and among multiple websites; hosting on-line searchable indexes
and databases of information, including text, electronic documents, graphics and audio visual information, on
computer and communication networks; providing temporary use of non-downloadable software applications for social
networking, creating a virtual community, and transmission of audio, video, photographic images, text, graphics and
data; computer services in the nature of customized web pages featuring user-defined or specified information,
personal profiles, audio, video, photographic images, text, graphics and data
Basis: 1(b)

3734637
3793608
3801147
(NOT AVAILABLE)
PROSECUTION HISTORY

Latest Status Info
Attorney of Record
Anne H. Peck
Correspondent
ANNE H. PECK
PALO ALTO, CA 20001
Phone Number: (650) 843-5000
Fax Number: (650) 857-0663

Latest Status Info
Mark
Current Status: A non-final Office action has been sent (issued) to the applicant. This is a letter from the examining
attorney requiring additional information and/or making an initial refusal. The applicant must respond to this Office
action. To view all documents in this file, click on the Trademark Document Retrieval link at the top of this page.
Register: Principal
Attorney Assigned:
BUONGIORNO CHRISTOPHER L
1. Facebook, Inc.
Address:
Facebook, Inc.
1601 S. California Avenue

Latest Status Info
Palo Alto, CA 94304
United States

Gift cards; pre-paid gift card services, namely issuing gift card certificates that may be redeemed for goods or services
Basis: 1(b)
(NOT AVAILABLE)
(NOT AVAILABLE)
PROSECUTION HISTORY
Attorney of Record
Anne Peck
Correspondent
ANNE PECK
COOLEY LLP

Latest Status Info
Phone Number: (650) 843-5000
Fax Number: (650) 857-0663

Latest Status Info
Mark
Register: Principal
Attorney Assigned:
1. Facebook, Inc.
Address:
Facebook, Inc.

Latest Status Info
Palo Alto, CA 94304
United States

Gift cards; pre-paid gift card services, namely issuing gift card certificates that may be redeemed for goods or services
Basis: 1(b)
Description of Mark: The mark consists of The mark consists of the word "FACEBOOK" in white letters with a blue
background. .

(NOT AVAILABLE)
PROSECUTION HISTORY
2010-09-08 - Notice Of Design Search Code And Pseudo Mark Mailed

Latest Status Info
Attorney of Record
Anne Peck
Correspondent
ANNE PECK
COOLEY LLP
Phone Number: (650) 843-5000
Fax Number: (650) 857-0663

Latest Status Info
Mark
Register: Principal
Attorney Assigned:
1. Facebook,Inc.
Address:
Facebook,Inc.

Latest Status Info
Palo Alto, CA 94304
United States

Computer software development tools; Computer software for use as an application programming interface (API);
Application programming interface (API) for computer software which facilitates online services for social
networking, building social networking applications and for allowing data retrieval, upload, download, access and
management; Computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging,
streaming, linking, sharing or otherwise providing electronic media or information via computer and communication
networks
Basis: 1(b)
(NOT AVAILABLE)
(NOT AVAILABLE)
PROSECUTION HISTORY
Attorney of Record

Latest Status Info
Anne Peck
Correspondent
ANNE PECK
COOLEY LLP
Phone Number: (650) 843-5000
Fax Number: (650) 857-0663

Latest Status Info
Mark
Register: Principal
Attorney Assigned:
1. Facebook, Inc.
Address:
Facebook, Inc.

Latest Status Info
Palo Altlo, CA 94304
United States

Compiling of information into computer databases; Marketing, advertising and promotion services; market research
and information services; advertising services, namely, promoting the goods and services of others via computer and
communication networks; operating on-line marketplaces for sellers of goods and/or services; online retail store
services featuring digital media, namely, pre-recorded digital sound, video and data recordings featuring music, text,
video, games, comedy, drama, action, adventure or animation; charitable services, namely, promoting public awareness
about charitable, philanthropic, volunteer, public and community service and humanitarian activities
Basis: 1(b)
(NOT AVAILABLE)
(NOT AVAILABLE)
PROSECUTION HISTORY
Attorney of Record

Latest Status Info
Anne Peck
Correspondent
ANNE PECK
COOLEY LLP
Phone Number: (650) 843-5000
Fax Number: (650) 857-0663

Latest Status Info
Mark
Register: Principal
Attorney Assigned:
1. Facebook, Inc.
Address:
Facebook, Inc.

Latest Status Info
Palo Alto, CA 94304
United States

Financial transaction processing services, namely, clearing and reconciling financial transactions via computer and
communication networks; Electronic processing and transmission of bill payment data for users of computer and
communication networks; Electronic funds transfer services; Bill payment services; Financial exchange services,
namely, providing a virtual currency for use by members of an online community via computer and communication
networks
Basis: 1(b)
(NOT AVAILABLE)
(NOT AVAILABLE)
PROSECUTION HISTORY
Attorney of Record
Anne Peck

Latest Status Info
Correspondent
ANNE PECK
COOLEY LLP
Phone Number: (650) 843-5000
Fax Number: (650) 857-0663

Latest Status Info
Mark
Register: Principal
Attorney Assigned:
1. Facebook, Inc.
Address:
Facebook, Inc.

Latest Status Info
Palo Alto, CA 94304
United States

Providing access to computer databases in the fields of social networking, social introduction and dating; peer-to-peer
photo sharing services, namely, electronic transmission of digital photo files among internet users; Providing access to
computer, electronic and online databases; telecommunications services, namely, electronic transmission of data,
messages and information; providing online forums for communication on topics of general interest; providing online
communications links which transfer web site users to other local and global web pages; providing access to web sites
for others hosted on computer servers accessible via a global computer network; providing access to third party web
sites by enabling users to log in through a universal username and password via a global computer network and other
communication networks; providing online chat rooms and electronic bulletin boards for transmission of messages
among users in the field of general interest; audio, text and video broadcasting services over computer or other
communication networks, namely, uploading, posting, displaying, tagging, and electronically transmitting data,
information, audio and video images; Delivery of digital music by electronic transmission
Basis: 1(b)
(NOT AVAILABLE)
(NOT AVAILABLE)
PROSECUTION HISTORY

Latest Status Info
Attorney of Record
Anne Peck
Correspondent
ANNE PECK
COOLEY LLP
Phone Number: (650) 843-5000
Fax Number: (650) 857-0663

Latest Status Info
Mark
Register: Principal
Attorney Assigned:
1. Facebook, Inc.
Address:
Facebook, Inc.

Latest Status Info
Palo Alto, CA 94304
United States

Providing computer, electronic and online databases in the field of entertainment and in the fields of secondary,
collegiate, social and community interest groups; on-line journals, namely, blogs in the fields of entertainment,
education, social, political, cultural, economic, scientific and general interest; electronic publishing services, namely,
publication of text and graphic works of others via computer and communications networks in the fields of
entertainment, education, social, political, cultural, economic, scientific and general interest; publishing of electronic
publications; entertainment services, namely, providing temporary use of interactive, multiplayer and single player
games for games played via computer or communication networks; providing information about online computer
games and video games via computer or communication networks; arranging and conducting competitions for video
gamers and computer game players; Contest and incentive award programs designed to recognize, reward and
encourage individuals and groups which engage in self-improvement, self-fulfillment, charitable, philanthropic,
volunteer, public and community service and humanitarian activities and sharing of creative work product
Basis: 1(b)
(NOT AVAILABLE)
(NOT AVAILABLE)
PROSECUTION HISTORY

Latest Status Info
Attorney of Record
Anne Peck
Correspondent
ANNE PECK
COOLEY LLP
Phone Number: (650) 843-5000
Fax Number: (650) 857-0663

Latest Status Info
Mark
Register: Principal
Attorney Assigned:
1. Facebook, Inc.
Address:
Facebook, Inc.

Latest Status Info
Palo Alto, CA 94304
United States

Computer services, namely, creating on-line virtual communities for registered users to organize groups and events,
participate in discussions, and engage in social, business and community networking; computer services, namely,
hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via
communication networks; application service provider (ASP) services, namely, hosting computer software applications
of others; application service provider (ASP) featuring software to enable or facilitate the uploading, downloading,
streaming, posting, displaying, blogging, linking, sharing or otherwise providing electronic media or information over
communication networks; providing an online network service that enables users to transfer personal identity data to
and share personal identity data with and among multiple websites; providing a web site featuring technology that
enables online users to create personal profiles featuring social networking information and to transfer and share such
information among multiple websites; computer services, namely, creating indexes of information, sites and other
resources available on computer networks; providing temporary use of non-downloadable software applications for
social networking, creating a virtual community, and transmission of audio, video, photographic images, text, graphics
and data; computer services in the nature of customized web pages featuring user-defined or specified information,
personal profiles, audio, video, photographic images, text, graphics and data; peer-to-browser photo sharing services,
namely, providing a website featuring technology enabling users to upload, view, and download digital photos;
providing a web site featuring technology that enables users to upload and share video, photos, text, graphics and data;
creating and maintaining blogs for others; providing a web hosting platform for use of non-downloadable software in
connection with interactive, multiplayer and single player games for third parties
Basis: 1(b)
(NOT AVAILABLE)
(NOT AVAILABLE)
PROSECUTION HISTORY

Latest Status Info
Attorney of Record
Anne Peck
Correspondent
ANNE PECK
COOLEY LLP
Phone Number: (650) 843-5000
Fax Number: (650) 857-0663

Latest Status Info
Mark
Current Status: Examiner's Amendment/Priority Action has been sent (issued) to the applicant. The applicant must
respond to this Examiner's Amendment/Priority Action. To view all documents in this file, click on the Trademark
Document Retrieval link at the top of this page.
Register: Principal
Attorney Assigned:
RIRIE VERNA BETH
Current Location: L10 -TMEG Law Office 101
1. Facebook, Inc.
Address:
Facebook, Inc.

Latest Status Info
Palo Alto, CA 94304
United States

Social introduction, networking and dating services; providing social services and information in the field of personal
development, namely, self-improvement, self-fulfillment, charitable, philanthropic, volunteer, public and community
services, and humanitarian activities; Identification verification services, namely, providing authentication of personal
identification information
Basis: 1(b)

3734637
3801147
(NOT AVAILABLE)
PROSECUTION HISTORY

Latest Status Info
Attorney of Record
Anne Peck
Correspondent
ANNE PECK
COOLEY LLP
Phone Number: (650) 843-5000
Fax Number: (650) 857-0663

EXHIBIT C
EXHIBIT D
Trademark Electronic Search System (TESS) Page 1 of 2
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Word Mark TEACHBOOK

Goods and IC 038. US 100 101 104. G & S: Providing on-line chat rooms and electronic bulletin boards for
Services transmission of messages among registered users concerning educational careers, general interest,
classifieds, virtual community, social networking, photo sharing, and transmission of photographic
images; providing access to on-line computer databases and on-line searchable databases in the
field of educational careers, general interest, classifieds, virtual community, social networking, photo
sharing, and transmission of photographic images
IC 042. US 100 101. G & S: Design and development of computer hardware and software; computer
services, namely, hosting on-line web facilities for others for organizing and conducting on-line
meetings, gatherings, and interactive discussions; computer service in the nature of customized web
pages featuring user-defined information, personal profiles and information
Standard
Characters
Claimed
Mark Drawing
(4) STANDARD CHARACTER MARK
Code
Serial
77691822
Number
Filing Date March 16, 2009
Current Filing
1B
Basis
Original
1B
Filing Basis
Published for
September 15, 2009
Opposition
Owner
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Complaint - Facebook v. Teachbook (IL)

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Complaint - Facebook v. Teachbook (IL)

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Case: 1:11-cv-03052 Document #: 1 Filed: 05/06/11 Page 1 of 16 PageID #:1

UNITED STATES DISTRICT COURT

COMPLAINT SEEKING DAMAGES AND INJUNCTIVE RELIEF FOR FEDERAL

1. Plaintiff Facebook, Inc. (“Facebook”) is a Delaware corporation having its

JURISDICTION AND VENUE

of July 5, 1946, as amended, 15 U.S.C. § 1501, et seq. (the “Lanham Act”).

of the Northern District of Illinois.

5. Venue is proper in this district pursuant to 28 U.S.C. § 1391, as this is a judicial

district in which the sole defendant resides.

Facebook’s Famous Trademarks

 Online networking services; online chat functions for transmission of

 Hosting customized web pages featuring user-defined information and

 Online journals featuring user-defined content and electronic publishing

 Software to enable uploading, tagging, and sharing of photographs, videos,

Facebook site. Facebook, and its FACEBOOK trademark, are famous.

Defendant’s Use of the TEACHBOOK Name and Mark

networking services for teachers. Defendant’s TEACHBOOK mark (including as used in

to collectively herein as the “TEACHBOOK Mark.”

opposed registration of this application.

15. Defendant’s TEACHBOOK Mark is substantially similar to the FACEBOOK

some of the services provided by Facebook.

17. Defendant’s TEACHBOOK Mark also creates a false suggestion of an affiliation

or connection between Defendant and Facebook, where none exists.

District of California on August 18, 2010.

venue to the Northern District of Illinois.

was ‘expressly aimed’ at the forum.”

has admitted to be resident.

FIRST CAUSE OF ACTION

24. Facebook incorporates by reference paragraphs 1 through 23, inclusive, as if fully

set forth herein.

in appearance, sound, meaning, and commercial impression.

trade, i.e., the internet.

services provided by Defendant are endorsed or sponsored by Facebook.

registered FACEBOOK Marks. As such, Defendant is liable to Facebook for infringement of a

registered mark under 15 U.S.C. §1114.

Facebook for the injuries caused by Defendant.

33. As a result of Defendant’s infringement of Facebook’s registered marks,

Facebook has incurred damages in an amount to be proven at trial.

34. Defendant’s infringement of Facebook’s registered marks is deliberate, willful,

SECOND CAUSE OF ACTION

35. Facebook incorporates by reference paragraphs 1 through 23, inclusive, as if fully

set forth herein.

number of relevant considerations, including:

(a) Defendant’s Mark is similar to the FACEBOOK Marks in that the

generic term for Defendant’s target market;

(b) The FACEBOOK Marks are inherently distinctive;

(c) Facebook is engaging in substantially exclusive use of the FACEBOOK

Marks in connection with social and professional networking services;

Defendant intends to create an association with the FACEBOOK Marks.

Facebook for the injuries caused by Defendant.

in an amount to be proven at trial.

41. Defendant’s wrongful use of the TEACHBOOK Mark is deliberate, willful,

on Facebook’s reputation or to cause dilution of the famous FACEBOOK Marks and an

and costs incurred in this action, and prejudgment interest.

THIRD CAUSE OF ACTION

42. Facebook incorporates by reference paragraphs 1 through 23, inclusive, as if fully

set forth herein.

the registered and common law FACEBOOK Marks.

of origin and false description or representation, all in violation of 15 U.S.C. § 1125(a).

Facebook for the injuries caused by Defendant.

in an amount to be proven at trial.

48. Defendant’s wrongful use of the TEACHBOOK Mark is deliberate, willful,

FOURTH CAUSE OF ACTION