Facebook has recently offered users the chance to create their own URL for the site, rather than assigning them a random URL made from a combination of numbers and digits. Facebook's change of policy allows users to pick any username on a first come first served basis, which then becomes their URL. This change in policy saw more than 3 million usernames registered within the first 12 hours and close to 6 million in the first 2 days.

This change in policy, while making it easier for users to identify their profile, has brought with it a potential problem for brand owners. For example, a Facebook user could attempt to register "www.facebook.com/[trade mark]". Of course, this would not always amount to trade mark infringement by Facebook or the individual user, with much depending on the reputation of the trade mark in question and the classes of goods/services for which it is registered. However, the issue will be of concern to brand owners, even if the concern is merely that the brand owner will be unable to have that URL itself, or that the URL might be used for a protest site about the brand.

This issue has attracted a significant amount of media attention, almost certainly due to the popularity of Facebook. However, there is a whole host of social networking and blogging websites which have always allowed users to choose their own URL. This is not, therefore, a new issue and there has not, previously, been significant public reaction from brand owners.

Perhaps expecting some controversy, and to avoid the time and cost of dealing with legal letters received from brand owners on an ad hoc basis, Facebook has taken the relatively unusual step of attempting to protect brand owners. When it announced that it would be allowing users to choose their own URL, it put in place certain measures to prevent trade marks being chosen, and has since put in place a notice and take down system for brand owners to use where they are concerned about their trade mark being used in a URL. This system should, at least, provide a structured way in which brand owners can approach Facebook with a view to acquiring the URL or preventing others from using it.

For further information about Facebook's notice and take down system, and commentary on whether similar sites such as Twitter and Myspace maintain a similar system, please click here.

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 24/06/2009.