Andre Yoskowitz
5 Feb 2014 17:12
Following the launch of Facebook's new news/news feed reader app Paper, startup company FiftyThree asked Facebook to change the name as it takes away from their own popular iOS design and drawing app of the same name.
Facebook declined.
The company has now applied for a trademark for "Paper," in an effort to protect their brand name. FiftyThree CEO and co-founder George Petschnigg had said they were keeping their options open, and this appears to be one option. The startup currently has the trademark for "Paper by FiftyThree."
Trademark lawyers believe that FiftyThree would have a case if they decide to move forward legally. Trademarks can be use-based meaning that "just by using a mark in a particular field, you've got rights. Some are state-based and some are federal-based, but if I start using a mark before you in the same area of goods or services, I've got rights to the mark over you."
Additionally, being that FiftyThree already has another trademark it makes those rights stronger.