Jennifer Gaeta | Bloomberg Law Facebook, Inc. v. Teachbook.com LLC, No. 11-CV-03052, 2011 BL 245033 (N.D. Ill. Sept. 26, 2011) The U.S. District Court for the Northern District of Illinois denied defendant Teachbook.com LLC's motion to dismiss plaintiff Facebook, Inc.'s complaint alleging trademark infringement, dilution, and related federal and state claims finding that Facebook adequately pleaded its claims.
Facebook Alleges Defendant's Mark is Substantially Similar to FACEBOOK Mark
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.
Court Refuses to Consider Additional Documents
Court Denies Motion to Dismiss
Indeed, upon initial reading, nothing about the two component parts of the FACEBOOK mark makes one more salient than the other. Rather, it is the aggregate effect of the conjoined parts that gives the mark its distinctiveness. And given the ubiquity Facebook claims its mark has achieved, one could reasonably infer that the choice of the TEACHBOOK mark — which, like the FACEBOOK mark, is a curt, two-syllable conjunction of otherwise unremarkable words — to offer a similar service in the same medium was no accident.
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