Very clever move. Of these recent lawsuits lamebook seems to be the only one that visually dilutes the trademark, but I'm very glad they pulled out the freedom of speech card. IANAL, but I think this could work.
Obviously, the site points out in thousands of examples how uneducated users can run into the previously mentioned Gay Bar Problem[1], and tucking that problem under a trademark lawsuit would be a superficial, corporate, PR way of solving the issue.
However, the outcome of this lawsuit will probably have little influence on the way the TeachBook issue is resolved. They're in hot water because of the fact that they're also a social network.
It would really suck for them to have to succumb to the $$$ threat like TripTrace (previously PlaceBook) did. Although, differentiation is one of the most important brand strategies, so TripTrace is actually a better name in that respect.
I suspect the "freedom of speech card" is of little value in this case. The First Amendment is mostly about prohibiting direct government censorship - but the government isn't trying to censor anything in this case; it's a private matter.
from what I understand, the judges there are missing a few brain cells when it comes to tech...which is why all the patent trolls use that court system.
Purely financial -- how would two guys from Texas hire an attorney in California (where facebook would file) to represent them day after day without going broke? Now facebook has to send their guys to Texas...the cost which will add up quickly.
Canadian Tire was able to get the site taken down in Canada using Canadian trademark laws and/or a preponderance of litigatory expenses. However, they lost the fight to sieze the domain name.
As the OP points out, FB have already sent a cease-and-desist letter, so the pre-emptory lawsuit is simply a legal wrangle to get the case argued in Texas. the case itself is still going to be argued on the question of whether Lamebook's name and logo infringe on FB's trademarks.
So technically, the two cases are dissimilar in that CanT sued CrapT in the usual order, but the cases are essentially the same.
Obviously, the site points out in thousands of examples how uneducated users can run into the previously mentioned Gay Bar Problem[1], and tucking that problem under a trademark lawsuit would be a superficial, corporate, PR way of solving the issue.
However, the outcome of this lawsuit will probably have little influence on the way the TeachBook issue is resolved. They're in hot water because of the fact that they're also a social network.
It would really suck for them to have to succumb to the $$$ threat like TripTrace (previously PlaceBook) did. Although, differentiation is one of the most important brand strategies, so TripTrace is actually a better name in that respect.
[1] http://www.slideshare.net/padday/the-real-life-social-networ...