By: Randy O'Neal, J.D.
A Facebook Page serving the real estate industry, with over 47,000 fans, was recently shut down by Facebook due to a complaint for using an unauthorized vanity URL (the "custom" URL Facebook lets you add ex. http://facebook.com/casalaw), which used the trademarked term REALTOR®. The creator of this page, Johnathan Rivera, became aware of the violation prior to Facebook's removal of the page, however, it is not possible for a Facebook user to edit their Facebook Page's vanity name after it is initially changed. When Jonathan first discovered this violation he desperately attempted to contact Facebook to correct the issue, but Facebook failed to respond to Johnathan's inquiries. Instead of making accommodations that would allow him to correct the username retroactively, his page was completely shut down by Facebook. Leaving Johnathan without any contact to the network of over 47,000 fans, he had built over the course of almost two years.
The Facebook Page Johnathan lost was not just an advertisement for his company, but instead the company was completely encompassed by the Facebook Page. Johnathan's Facebook Page served as a referral network for real estate agents, providing over 1,400 referrals to real estate agents across the nation, in it's first 21 months of existence. At this point the business he had worked so hard to develop, and dedicated two years of his life to, was seemingly down the drain.
In Johnathan's situation, few options are available from a legal standpoint. When you sign up for social networks and websites, such as Facebook, LinkedIn, Active Rain, You Tube, Twitter, etc., you are always required to check a little box that states "I have read and agree to the terms and conditions." You probably wonder why anyone would waste their time reading that legal jargon? Most people look at it from the standpoint that you want access to the site, and their terms aren't negotiable, so why waste your time reading it? That is true in the sense that the terms are not negotiable, and you have no choice but to agree, if you want to access the website. However, this is an excellent example of why it is important to read (or hire an attorney to read) the "terms and conditions" associated with the websites you are signing up for. As with most social networks Facebook's "terms and conditions" includes that your Facebook Friends, Fans, Profiles, Pages and anything uploaded to them become the exclusive property of Facebook. This means if Facebook wants to shut your page down or suddenly start charging for their service, they can do so, subject to only a limited number of exceptions. Additionally, most website "terms and conditions" will state that by posting any material on the website, the user is certifying that they (the user) own the material, or that they have acquired permission from the owner to use the material. In most situations, this language will allow the website to pass any liability for trademark or copyright infringement to the users. Therefore, it is equally important for users to be aware of any copyrights, trademarks, or other legal obstacles that may exist, before deciding on a username, web address or posting any material on the website. In this instance the term REALTOR®, as used in the Facebook Page's vanity name (http://facebook.com/SocialRealtors) violated a registered trademark, property of the National Association of REALTORS. Companies such as NAR hire trademark and copyright monitoring services, who scan the internet looking for violations, such the phrase used in Johnathan's vanity name. It is likely that this type of monitoring resulted in the discovery that Johnathan's vanity name was in violation of the NAR trademark, thus it was brought attention of Facebook.
The good news is that after Jonathan's diligent work, and an outcry of public support (resulting in hundreds of Facebook and Twitter posts), his Facebook Page was reinstated less then 24 hours later. He was allowed to change the vanity name of his Facebook Page to,http://facebook.com/TheRealEstateReferralGroup. It is also important to note in this case, the NAR agreed to let him keep the page after it's name was changed, and it does not appear that they will pursue any legal action.
This is a good lesson for anyone who utilizes the internet for building their business or personal network. It is important to always read the "terms and conditions," otherwise it is impossible to know the full extent a website can be used, without making a costly mistake. In most situations you will find that by agreeing to the "terms and conditions" you forfeit all rights to the material posted and information associated with your website or social media page. Therefore, it's important to diversify your internet marketing and networking, allowing for multiple avenues to develop and maintain your network. Make sure you're not relying too heavily upon one source for all of your network, or as they say in my part of the country "don't put all your eggs in one basket!"
