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“Bake that!” FaceBake has received a restraining order from Facebook for copyright.

Summary

A Bengaluru-based bakery named FaceBake has received a restraining order and a Rs 50.000 fine from Facebook.

 

Quotes

Quote

 The Delhi high court has permanently restrained a bakery owner in the southern Indian city from using the name “Facebake” or “Facecake.” It has also barred the shop from using the website facebook.in, related email addresses, or any trademark resembling those of the social media giant for its products and services.

 

The court also said that Malol must pay Facebook’s parent Meta nominal damages of 50,000 rupees ($628.50) and the cost of the suit. Moreover, all finished and unfinished material, including locks, signage, cards, stationery, accessories, packaging, labels, among others, must be handed over to Meta for erasure or destruction.

 

My thoughts

I don’t know how to feel about this. On the one hand, yeah Facebook needs to keep their copyright. But to also go after a small bakery and fine them, I don’t know.

 

EDIT: After doing more research, (reading the comments) I can comfirm how I feel now. Facebook is in the right. That bakery is copying Facebook so much in design, it’s kinda funny. But, it’s still infringement, so yeah, $630 is too little.

 

Sources

qz.com

Edited by ebprince the computer nerd

how are you doing today

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40 minutes ago, ebprince the computer nerd said:

Summary

A Bengaluru-based bakery named FaceBake has received a restraining order and a Rs 50.000 fine from Facebook.

 

Quotes

 

My thoughts

I don’t know how to feel about this. On the one hand, yeah Facebook needs to keep their copyright. But to also go after a small bakery and fine them, I don’t know.

 

Sources

qz.com

Yeah, I agree with you. On the one hand, you have to uphold copyrights, but it's a small bakery in a small town.

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50 minutes ago, ebprince the computer nerd said:

I don’t know how to feel about this. On the one hand, yeah Facebook needs to keep their copyright. But to also go after a small bakery and fine them, I don’t know.

What makes you think this has anything to do with copyright?  The article you even posted clearly states it's trademark.  That's two completely different ball games you are talking about.

 

I have zero sympathy for this bakery.  They literally registered facebook.in as their website, you don't even need to be a trademark lawyer to realize they would be coming after you.  They further named their company with similar sounding names, so yea it's infringement.

 

Trademarks you need to actively pursue people who are utilizing  your trademark or risk losing trademark status.  That said as well, it's literally facebook.in...they would have to fear impersonation.

3735928559 - Beware of the dead beef

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Yeaaah, they were looking for that considering they basically copied Facebook down to the design. Gotta protect that f trademark.

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4 hours ago, wanderingfool2 said:

What makes you think this has anything to do with copyright?  The article you even posted clearly states it's trademark.  That's two completely different ball games you are talking about.

 

I have zero sympathy for this bakery.  They literally registered facebook.in as their website, you don't even need to be a trademark lawyer to realize they would be coming after you.  They further named their company with similar sounding names, so yea it's infringement.

 

Trademarks you need to actively pursue people who are utilizing  your trademark or risk losing trademark status.  That said as well, it's literally facebook.in...they would have to fear impersonation.

Sorry, meant trademark. But, I guess you are kinda right. They did use it on EVERYTHING, and they I think had an Instagram account lol. Instagram IS Facebook lol. I just felt that it was kinda wrong because it was literally 1 location, not like a huge business. But, you are right.

how are you doing today

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6 hours ago, Sauron said:

It sounds absurd but after looking at the images I can kind of see where they're coming from...

image.png.a3a06d51c9c4a134763a753fa6e83816.png

yep, that would do it...

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2 hours ago, ebprince the computer nerd said:

I just felt that it was kinda wrong because it was literally 1 location, not like a huge business. But, you are right.

No big business would be stupid enough to do this.

 

Quick google search also shows there's multiple "Facebake" & "Facecake" stores in Bengaluru India.

image.png

 

Looking at those photos of the store and the fact they used the domain facebook.in it's extremely obvious they were trying to use Facebook's branding & recognition to further their business. Their trademark infringement was as blatant as Michaelsoft Binbows.

a69.jpg

 

Zero sympathy from me. They deserved to be fined and ordered to stop infringing on the trademark. Pretty ridiculous that they were only fined $630 USD (50,000 Indian Rupees). The cost of replacing all the signage & displays in their stores would be more than the fine. Just because Facebook/Meta is a shitty company doesn't mean they're in the wrong for protecting their Trademark/IP/Brand from scummy businesses like this.

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15 hours ago, wanderingfool2 said:

What makes you think this has anything to do with copyright?  The article you even posted clearly states it's trademark.  That's two completely different ball games you are talking about.

THIS

I wish everyone on the internet would do a little reading on the difference...it's even in the names..

TRADEMARK _ marks used in trade

COPYRIGHT .. the right to copy content

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On 7/12/2022 at 3:04 PM, wamred said:

Yeah, I agree with you. On the one hand, you have to uphold copyrights, but it's a small bakery in a small town.

Bengaluru is in no way a small town lol, it's population is around that of London 

 

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2 minutes ago, Shreyas1 said:

Bengaluru is in no way a small town lol, it's population is around that of London 

Ah, to be honest I didn't look into the population. I should do my due diligence before posting. 

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9 minutes ago, wamred said:

Ah, to be honest I didn't look into the population. I should do my due diligence before posting. 

Yeah the only reason I'm aware is because I have family there. 
 

it is also a very big tech hub though. Facebook has a large office in the city which makes this whole thing even funnier 

 

https://www.google.com/amp/s/m.timesofindia.com/city/bengaluru/facebook-logs-in-bengaluru-now-hosts-all-big-five-tech-firms/amp_articleshow/66309871.cms

 

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13 minutes ago, Shreyas1 said:

Yeah the only reason I'm aware is because I have family there. 
 

it is also a very big tech hub though. Facebook has a large office in the city which makes this whole thing even funnier 

 

https://www.google.com/amp/s/m.timesofindia.com/city/bengaluru/facebook-logs-in-bengaluru-now-hosts-all-big-five-tech-firms/amp_articleshow/66309871.cms

Oh that makes sense. I bet that has something to do with the whole court case to begin with.

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On 7/12/2022 at 2:15 PM, Sauron said:

It sounds absurd but after looking at the images I can kind of see where they're coming from...

image.png.a3a06d51c9c4a134763a753fa6e83816.png

image.png.a04d0abbef58956f49171599ff0a4ac1.png

On 7/12/2022 at 2:17 PM, wanderingfool2 said:

They literally registered facebook.in as their website

image.jpeg.fa2e535bf4c74f9c602f956c92125c90.jpeg

Don't call me a nerd, it makes me look slightly smarter than you

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On 7/12/2022 at 9:04 PM, Grand Admiral Thrawn said:

Facepalm.

Please refrain from using this ever again to save our trademark.

Best regards, facebook

/s

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