Intellectual Property Advisory - New Facebook URL Policy: Facts and Issues for Discussion

June 12, 2009

Facebook’s New Username Policy: What You Need To Know

Facebook recently issued a new policy regarding usernames. Due to the newness of this policy, many open issues appear to exist at this time. We will continue to keep you abreast of the policy as more information becomes available. In the meantime, here is what we know now.

Beginning on June 13, 2009, at 12:01 a.m. EDT, current Facebook users will be allowed to create usernames for their profiles. These usernames will allow Facebook users to have personalized URLs in the following format: www.facebook.com/yourusername.

Only those who had a Facebook account before 3 pm EDT on June 9, 2009, will be able to reserve a username starting on June 13. Otherwise, all new users of Facebook will be allowed to select a username starting on June 28, 12:01 am EDT.

In order to protect brand owners, Facebook is allowing owners of registered trademarks to prevent others from registering their trademarks as usernames. In addition, if trademark owners discover that a user has registered a name that it believes infringes its mark after June 13, trademark owners can file a complaint with Facebook. This advisory will (1) describe Facebook’s policy in more detail and (2) provide brand owners with the tools to stop users from infringing their brands on Facebook.

What Should I Do About It?

Step 1: Gather Information

In many cases, your company may have affiliates, licensees, or employees who are operating Facebook pages and who may try to reserve your trademark as a username. Your company also may have its own official Facebook page. Make sure to find out who these potential actors are and coordinate with them to decide (1) who will file the reservation form before June 13; and (2) who will request the username starting on June 13.

Step 2: File the Reservation Form Before June 13

The reservation form can be found here. The form may be completed by the trademark owner or anyone legally authorized to act on the owner’s behalf. To complete the form, you will need:

Your company’s name;
The title of person completing the form;
The email address of the person completing the form;
The exact trademark to be reserved; and
The registration number of the trademark to be reserved.

Step 3: Request Usernames that Include Your Brand Starting on June 13

If your company had a Facebook page prior to 3 pm EDT on June 9, 2009, coordinate with the person who files your reservation form (described above) to ensure that the reserved username is linked to the legitimate account after June 13. If your company did not have a Facebook page but would like one, sign up prior to June 28 and thereafter work with the person who files the reservation form to ensure the reserved name is linked to the legitimate account.

Step 4: Continue to Monitor Usernames for Infringement

After June 13, users may request usernames that consist of or incorporate your trademark. They also may attempt to request misspellings or variations of your mark that are confusingly similar. By monitoring requests, you can identify such instances of infringement and file a complaint with Facebook here.

For More Information

To learn more about Facebook’s new policy or if you need assistance with the above steps, please contact Brian Winterfeldt (202.429.6260 or bwinterfeldt@steptoe.com) or Bryce Coughlin (202.429.1322 or bcoughlin@steptoe.com). In addition, please be on the lookout for more details regarding Steptoe’s July Webinar: Social Media, Web 2.0, and Beyond: Advanced Topics in Online Brand Usage, which will cover issues such as those described above.