Register FAQ / Rules Forum Spy Search Today's Posts Mark Forums Read
Go Back   MacRumors Forums > News and Article Discussion > iOS Blog Discussion

Reply
 
Thread Tools Search this Thread Display Modes
Old Feb 4, 2014, 11:56 AM   #1
MacRumors
macrumors bot
 
Join Date: Apr 2001
FiftyThree Files for Trademark on 'Paper' After Facebook App Release




FiftyThree, the company behind popular iPad sketching app Paper, has filed for a trademark on the term "Paper" following the announcement of Facebook's magazine-style news curation tool, also named Paper.

First discovered by TechCrunch, the trademark was filed with the United States Patent and Trademark Office on January 30, the same day Facebook initially unveiled its new app. As noted by FiftyThree co-founder Georg Petschnigg in an open letter, FiftyThree was not given advanced notice of Facebook's plans and was taken by surprise by the app release.

Though FiftyThree previously filed for a trademark on the term "Paper by FiftyThree" it did not have a trademark for "Paper" at the time that Facebook created its app. According to two trademark lawyers that spoke to TechCrunch, while the trademark is newly filed, FiftyThree could have a case if it proceeds with a lawsuit as trademarks are partially use-based and it has been using the Paper app name since early 2012.
Quote:
Trademarks, to a degree, are use-based. This means that "just by using a mark in a particular field, you've got rights," said Cardona. "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."
It remains unclear whether FiftyThree will win the trademark, as paper is a term used by many other products, apps, and services that predate even its own app. FiftyThree has not said whether it will pursue legal action against Facebook, but Petschnigg says the company is "keeping its options open."

For now, FiftyThree has asked Facebook to "build a brand name of their own" and to stop "using our brand name."

Paper by FiftyThree can be downloaded from the App Store for free. [Direct Link]

Paper by Facebook can be downloaded from the App Store for free. [Direct Link]

Article Link: FiftyThree Files for Trademark on 'Paper' After Facebook App Release
MacRumors is offline   0 Reply With Quote
Old Feb 4, 2014, 11:58 AM   #2
peteullo
macrumors regular
 
Join Date: Dec 2009
Location: Scranton, PA
How about they both come up with a name of their own!
__________________
Macbook Pro w/ Retina Display 2012
iPhone 5S
iPad Air 128GB w/ LTE
peteullo is offline   8 Reply With Quote
Old Feb 4, 2014, 11:59 AM   #3
iVoid
macrumors 65816
 
Join Date: Jan 2007
I guess I should trademark 'trademark'.
iVoid is offline   5 Reply With Quote
Old Feb 4, 2014, 12:00 PM   #4
peteullo
macrumors regular
 
Join Date: Dec 2009
Location: Scranton, PA
Someone better quickly trademark "Pen"
__________________
Macbook Pro w/ Retina Display 2012
iPhone 5S
iPad Air 128GB w/ LTE
peteullo is offline   2 Reply With Quote
Old Feb 4, 2014, 12:01 PM   #5
sully54
macrumors member
 
Join Date: Sep 2012
Facebook should have called their app Facebook Paper to prevent any misrepresentation on their part.
sully54 is offline   9 Reply With Quote
Old Feb 4, 2014, 12:02 PM   #6
techpr
macrumors 6502
 
Join Date: Sep 2008
Location: San Juan, PR
This "Paper" app should be called "Facebook for iOS"
__________________
http://twitter.com/barcelo
techpr is offline   3 Reply With Quote
Old Feb 4, 2014, 12:03 PM   #7
PBF
macrumors 68030
 
Join Date: Jul 2005
Location: NYC
1. Trademark 'USPTO'

2. Sue USPTO
PBF is offline   3 Reply With Quote
Old Feb 4, 2014, 12:06 PM   #8
Cougarcat
macrumors 603
 
Join Date: Sep 2003
Quote:
Originally Posted by sully54 View Post
Facebook should have called their app Facebook Paper to prevent any misrepresentation on their part.
Quote:
Originally Posted by techpr View Post
This "Paper" app should be called "Facebook for iOS"
It's listed as "Paper - stories by Facebook" on the App store.
Cougarcat is offline   1 Reply With Quote
Old Feb 4, 2014, 12:12 PM   #9
Tankmaze
macrumors 65816
 
Tankmaze's Avatar
 
Join Date: Mar 2012
fair play to FiftyThree, they did use it first for an app name.

facebook should know better, and use a different name.
__________________
Check out our game Tank Maze
Tankmaze is offline   9 Reply With Quote
Old Feb 4, 2014, 12:13 PM   #10
nagromme
macrumors G4
 
nagromme's Avatar
 
Join Date: May 2002
I can sympathize with Paper's creator's emotionally, but "paper" is a generic single word, which applies well to both apps but in different ways: they are not competitors. And I don't in any way believe that Facebook felt the need to "use" 53's brand to boost awareness of their own efforts (if anything, the reverse will happen, benefitting 53).

If I were 53, I'd use this chance to build the more unique, and more useful (for future projects) brand: "53" itself. Push "Paper by 53" or even "Paper 53" or something. Or is if "FiftyThree?" See--they have more important branding fish to fry!

"Paper" alone was never great for branding or search/discoverability anyway. (And I don't think the app as listed was ever "paper" alone anyway, was it?)

So I say, make lemons from this lemonade, and boost awareness of a name people can search for! Leave the "generic word" problem to Facebook, and let multiple different apps use that word freely if they wish--as long as they're not pretending to BE one another, or "stealing" awareness intentionally.

(I do think filing a trademark might be smart regardless, to protect themselves in case Facebook ever comes after THEM.)
nagromme is offline   3 Reply With Quote
Old Feb 4, 2014, 12:13 PM   #11
Moorepheus
macrumors member
 
Join Date: Sep 2012
Quote:
Originally Posted by Tankmaze View Post
fair play to FiftyThree, they did use it first for an app name.

facebook should know better, and use a different name.
They will add an "i" to the front of it, like everything else....so it will be 'iPaper'...lol
Moorepheus is offline   0 Reply With Quote
Old Feb 4, 2014, 12:20 PM   #12
Ivan0310
macrumors member
 
Join Date: Mar 2011
Location: Dallas, TX
Quote:
Originally Posted by sully54 View Post
Facebook should have called their app Facebook Paper to prevent any misrepresentation on their part.
The thing that gets me about the app is that neither the name of the app nor the icon associated with it tell me that the app is associated with facebook. It's currently a featured app on the App Store and you can see that facebook is listed as the developer, but it just seems like really poor brand recognition to not have some new flagship or experiment such as this be clearly distinguishable as a facebook creation.
__________________
2.0GHz Quad-Core Intel Xeon MacPro, 120GB SSD, 7GB RAM, ATI Radeon HD 5770 | 2.4GHz Core i5 MacBook Pro 13.3" | TV | 64GB iPhone 5s | 16GB iPad Mini Retina T-Mobile
Ivan0310 is offline   2 Reply With Quote
Old Feb 4, 2014, 12:53 PM   #13
Glassed Silver
macrumors 6502
 
Join Date: Mar 2007
Location: Kassel, Germany
https://itunes.apple.com/de/app/bamb...443131313?mt=8

Why not them?

Glassed Silver:mac
__________________
Last login: Sat May 5 22:52:51 on ttys000
Society-System:~ dumbnut$ rm -rf ~/Library/mind.db ~/Library/Frameworks/tolerance
~/Library/Frameworks/commonsense ~/integrity ~/individuality
Glassed Silver is offline   0 Reply With Quote
Old Feb 4, 2014, 01:05 PM   #14
doctor-don
macrumors 6502a
 
Join Date: Dec 2008
Location: Georgia USA
Quote:
Originally Posted by Moorepheus View Post
They will add an "i" to the front of it, like everything else....so it will be 'iPaper'...lol
And I shall write a letter of complaint on myPaper.

Quote:
Originally Posted by iVoid View Post
I guess I should trademark 'trademark'.
Or water ... or air ... or fire ... or earth ...
doctor-don is offline   0 Reply With Quote
Old Feb 4, 2014, 01:08 PM   #15
agffth
macrumors newbie
 
Join Date: Jan 2014
Location: Central IL
This makes me laugh because Facebook sues anyone that uses the word Face or Book in their name.

Anyone remember Teachbook?
__________________
Macbook Air 13" iPhone 5S white\silver
agffth is offline   2 Reply With Quote
Old Feb 4, 2014, 01:11 PM   #16
Carlanga
macrumors 603
 
Carlanga's Avatar
 
Join Date: Nov 2009
Location: PR
Quote:
Originally Posted by techpr View Post
This "Paper" app should be called "Facebook for iOS"
IMO it's horrible. If this becomes the fb app to use I will just stop using fb. Lasted about an hour in my phone before I deleted it.

----------

Quote:
Originally Posted by Tankmaze View Post
fair play to FiftyThree, they did use it first for an app name.

facebook should know better, and use a different name.
Fair play is realizing they are not te first nor the only "paper" app
__________________
☻ "A dream you dream alone is only a dream...
... A dream you dream together is reality." ☻
Carlanga is offline   0 Reply With Quote
Old Feb 4, 2014, 01:22 PM   #17
Solver
macrumors regular
 
Join Date: Jan 2004
Location: San Jose
I wonder if the words "rock" or "scissors" are taken yet? Had an idea for a two person decision making app.
Solver is offline   0 Reply With Quote
Old Feb 4, 2014, 01:41 PM   #18
fluchtpunkt
macrumors newbie
 
Join Date: Aug 2013
Who will create the Paperjam protest website?

Quote:
Originally Posted by nagromme View Post
"Paper" alone was never great for branding or search/discoverability anyway. (And I don't think the app as listed was ever "paper" alone anyway, was it?)
Of course it was never listet as "Paper". When FiftyThree created their app that name was already taken.

https://itunes.apple.com/us/app/pape...2870?l=en&mt=8
fluchtpunkt is offline   0 Reply With Quote
Old Feb 4, 2014, 01:44 PM   #19
mrgraff
macrumors 6502a
 
mrgraff's Avatar
 
Join Date: Apr 2010
Location: Albuquerque
Quote:
Originally Posted by Solver View Post
I wonder if the words "rock" or "scissors" are taken yet? Had an idea for a two person decision making app.
I never patented the name, but I did create a "Rock, Paper, Scissors" game many many years ago. I'll see you in court (maybe)
mrgraff is offline   0 Reply With Quote
Old Feb 4, 2014, 01:44 PM   #20
sully54
macrumors member
 
Join Date: Sep 2012
Quote:
Originally Posted by Ivan0310 View Post
The thing that gets me about the app is that neither the name of the app nor the icon associated with it tell me that the app is associated with facebook. It's currently a featured app on the App Store and you can see that facebook is listed as the developer, but it just seems like really poor brand recognition to not have some new flagship or experiment such as this be clearly distinguishable as a facebook creation.
Yeah I agree. I was actually gonna say something about the abhorrent app icon.
sully54 is offline   0 Reply With Quote
Old Feb 4, 2014, 02:00 PM   #21
Nunyabinez
macrumors 6502a
 
Nunyabinez's Avatar
 
Join Date: Apr 2010
Location: Provo, UT
I applaud this move in hopes that it will further throw gas on the fire of patent/trademark reform.

I didn't think the trademark system was as screwed up as the patent system, but apparently it has issues as well.

The more ridiculous law suits there are , the sooner we will get a new set of regulations that make sense in this digital age.
__________________
27" iMac, 3.4 GHz i7; 15" MBP, 2.53 GHz Core 2 Duo; 13" MBA 1.7 GHz i5; iPad (3rd Gen), 16 GB; iPhone 5S; Hackintosh, 3.4 GHz i7 (2600k)
Nunyabinez is offline   0 Reply With Quote
Old Feb 4, 2014, 02:27 PM   #22
avanpelt
macrumors 6502a
 
Join Date: Jun 2010
If 53 was so concerned about the use of "Paper" in other apps, why didn't they go to the trouble of trying to trademark "Paper", oh, I don't know -- two years ago?!

It sure looks 53 is just trying to get money from Facebook. This is one of those rare instances where I hope Facebook is victorious.
avanpelt is offline   2 Reply With Quote
Old Feb 4, 2014, 03:15 PM   #23
C DM
macrumors G4
 
Join Date: Oct 2011
Quote:
Originally Posted by avanpelt View Post
If 53 was so concerned about the use of "Paper" in other apps, why didn't they go to the trouble of trying to trademark "Paper", oh, I don't know -- two years ago?!

It sure looks 53 is just trying to get money from Facebook. This is one of those rare instances where I hope Facebook is victorious.
Because it's not like Facebook being a giant as it is didn't just come out with an app of the same name completely overshadowing FiftyThree. Definitely it was a plot to make money from Facebook from the very beginning.
Quote:
Originally Posted by agffth View Post
This makes me laugh because Facebook sues anyone that uses the word Face or Book in their name.

Anyone remember Teachbook?
That, exactly that.
C DM is offline   1 Reply With Quote
Old Feb 4, 2014, 03:20 PM   #24
Kenrik
macrumors 6502
 
Join Date: Dec 2004
Quote:
Originally Posted by peteullo View Post
Someone better quickly trademark "Pen"
FiftyThree sells the "Pencil" - and i'm sure it's trademarked by now.
Kenrik is offline   0 Reply With Quote
Old Feb 4, 2014, 03:30 PM   #25
jmh600cbr
macrumors regular
 
Join Date: Feb 2012
Still not available in canada. bs.
jmh600cbr is offline   0 Reply With Quote

Reply
MacRumors Forums > News and Article Discussion > iOS Blog Discussion

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Similar Threads
thread Thread Starter Forum Replies Last Post
Facebook's 'Paper' Now Available for Download Despite Protests From FiftyThree MacRumors iOS Blog Discussion 102 Feb 5, 2014 11:45 AM
FiftyThree Announces Bluetooth 'Pencil' Stylus to Accompany 'Paper' App MacRumors iOS Blog Discussion 54 Nov 26, 2013 05:01 PM
FiftyThree and Moleskine Launch Printing Service for Drawings from iPad App 'Paper' MacRumors iOS Blog Discussion 14 Oct 3, 2013 09:33 AM
FiftyThree Gives Behind-The-Scenes Look at Developing Paper's Zoom Feature MacRumors iOS Blog Discussion 9 May 23, 2013 05:14 PM
Paper by FiftyThree Updated with Pinch-to-Zoom and New Gallery Feature MacRumors iOS Blog Discussion 20 May 9, 2013 09:06 AM

Forum Jump

All times are GMT -5. The time now is 12:49 AM.

Mac Rumors | Mac | iPhone | iPhone Game Reviews | iPhone Apps

Mobile Version | Fixed | Fluid | Fluid HD
Copyright 2002-2013, MacRumors.com, LLC