A law firm goes all out when feeling threaten by multiple media companies’ display
Trademark law can be intricate, and digital companies often choose to avoid involvement in user disputes. Consequently, owners of Facebook groups, Instagram profiles, and similar platform properties sometimes face page removals due to social media trademark takedown requests. However, a particular dispute is escalating.
During Thanksgiving preparations, The American Dream U.S. Green Card Service initiated a trademark cancellation with the U.S. Patent and Trademark Office (USPTO) against the American Dream Law Office. While such petitions are common, the preceding events are noteworthy.
In March 2021, the USPTO granted a trademark registration for “American Dream” to the American Dream Law Office, citing usage in commerce since 2020. Fast forward to September 2023, the law firm files a trademark infringement claim with Meta, Inc. (formerly Facebook). The target is a Facebook page by The American Dream U.S. Green Card Service, with over 122,000 followers. Subsequently, Facebook shuts down the page. The law office later files similar complaints with YouTube, Instagram, and the domain registrar for The American Dream U.S. Green Card Service website.
As the registered owner of “American Dream,” the law firm naturally sought the removal of these pages. However, The American Dream U.S. Green Card Service’s cancellation filing introduces an intriguing twist.
The dispute revolves around rightful ownership. Despite the law office being recognized as the trademark owner since March 2021, U.S. trademark law typically honors first use, known as trademark priority. In The American Dream U.S. Green Card Service’s filing, they claim use since 1996, backed by evidence, including a German trademark registration since 1998 and pre-existing websites advertising services under the trademark.
Despite this evidence, platforms involved in social media trademark disputes often defer to USPTO registrations or courts. The law office’s registration places The American Dream U.S. Green Card Service at a disadvantage during takedown requests.
Most social media trademark disputes rarely progress beyond takedown requests, but legal action is not unheard of. The current dispute may or may not reach court, and the USPTO’s decision is uncertain. The law firm holds rights over the term due to the social media trademark takedown campaign, but the long-standing use by The American Dream U.S. Green Card Service also raises questions. The case, while not as thrilling as the initial social media trademark conflict, remains an allurement to watch.
***Other Articles***
– You could check Required documents of filing trademark in USA here.
– You could see What needs to be done after registering a trademark in US? here.
– You could visit here to see What is use in commerce of filing trademark in USA.
– You could also check here to see Procedure of Trademark in USA.
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