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Client Update: New Facebook URLs and your IP

12 June 2009

In brief: The social networking site Facebook has announced that its users will be able to create personalised web addresses (or URLs) for their profiles from tomorrow. These new personalised URLs create a similar exposure for trade mark owners to domain name registrations, which can be used to impersonate a company. As a result, Facebook will block unauthorised use of trade marks for owners who notify Facebook about their trade mark registrations. Senior Associates Nicky Shanks and Jesse Gleeson and Partner Jackie O'Brien (view CV) look at how you can protect your IP.

The new URLs

In addition to the nomination process, trade mark owners should consider registering their own Facebook URLs – whether just for their Facebook presence or as a further protective registration to stop others doing so. As the new URLs will be allocated on a first-come, first-served basis, it is anticipated that there will be a 'land rush' for usernames and it will be important to act quickly after the 13 June start date.

It is also important to note that in order to register a Facebook URL you must first set up a Facebook Profile (for individuals) or a Facebook Page (for corporates), and it will only be possible to register one URL per Profile or Page. This means that those wishing to protect a number of trade marks will need to set up a corresponding number of Facebook Pages or Profiles.

As a further measure to reduce registrations that infringe trade mark rights, Facebook has stated that pages registered after 31 May will have to wait until later in June to register URLs, whereas those registered before that will not have to wait.

Also, as it is unclear how conflicts between valid registered marks will be resolved by Facebook we suggest that it will be prudent for the owners of trade marks to register them with Facebook as soon as possible.

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What it means for you

Facebook is taking steps to protect the intellectual property rights of trade mark owners who expressly reserve their registered trade marks via an on-line form before its new URL system becomes available on Saturday. Hence, trade mark owners should consider:

  • immediately (and before Saturday) reserving their rights by completing the on-line form at http://www.facebook.com/help/contact.php?show_form=username_rights;
  • for those who do not have Facebook Pages, promptly creating a suitable number of Facebook Pages corresponding with the brands for which URLs are desired (available at http://www.facebook.com/pages/create.php);
  • for those who registered Facebook Pages before 31 May 2009 or profiles before 6 June 2009, registering Facebook URLs containing their key brands on Saturday (registrations are scheduled to open at 2.01pm (AEST) on 13 June 2009 (12.01 a.m. US. EDT) and can be done at http://www.facebook.com/username); and
  • for those who created pages or profiles after those dates, monitor Facebook and the media to determine when URLs will be available for those pages.

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Conclusion

The extent of the potential threats presented to rights holders by Facebook's new URLs is not clear at this early stage but we are flagging this development because a rush for Facebook URLs may occur on or after Saturday. Of course, while rights holders consider protecting their trade marks in Facebook, they should also consider exploring the options available for protecting their trade marks on other similar sites.

Published 12 June 2009

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