“Facebook has previously filed over 80 trademark applications on variations of its name and other terms such as “POKE”, “WALL” and “LIKE”. Facebook now seems to be attempting to claim some level of ownership/protection over the word “book” as well.
In a recent revision to Facebook’s “Statement of Rights and Responsibilities,” which is the agreement all users must accept when accessing Facebook, language was inserted which states (emphasis added) “[y]ou will not use our copyrights or trademarks (including Facebook, the Facebook and F Logos, FB, Face, Poke, Book and Wall), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.”
Are tweets and status updates protected by fair use? Because there is no set number of words or set amount of a copyrighted work that may be used in all cases without the owner’s permission, the answer is a lawyerly one — it depends.