Facebook copyright infringement - need advice please

[Keregioz]

Here's the situation, I received this mail yesterday:

Hello,

We have removed or disabled access to the following content that you have posted on Facebook because we received a notice from a third party that the content infringes or otherwise violates their rights:

[Page: Escalation]

We strongly encourage you to review the content you have posted to Facebook to make sure that you have not posted any other infringing content, as it is our policy to terminate the accounts of repeat infringers when appropriate.

If you believe that we have made a mistake in removing this content, then please visit http://www.facebook.com/help/?page=1108 for more information.

The Facebook Team

This was a page for my music band with music posted written by me so there's no copyright infringement there. The problem, it seems, is the personalized facebook address of my page (www.facebook.com/escalation) which is now taken by the company "escalation studios" who obviously filed the complain. So, apparently, me using the word "escalation" in my address was violation of their rights. Does this make sense? I'll admit that I'm not really familiar with the laws regarding this stuff but it doesn't seem right that someone would be able to copyright the word "escalation". If anyone has any insight on this I would really appreciate it.

I sent a mail to the facebook staff with my concerns and this is the reply I got:

Hi Kimon,

Thanks for your email. As you know, we received a claim of alleged rights infringement regarding the removed content. Per Facebook's Statement of Rights and Responsibilities, users are prohibited from posting infringing content on the site.

If you believe that we have made a mistake in removing this content, then please contact the complaining party directly with the following information to resolve your issue:

Ticket # 31167014
Contact Information:
Adam Konrad

If both parties agree to restore the reported content, please ask the complaining party to contact us via email with a copy of the agreement so that we can refer to the original issue. We will not be able to restore this content to Facebook unless we receive explicit notice of consent from the complaining party.

Thanks for contacting Facebook,

Daisy
User Operations
Facebook

So apparently when someone complains about a page they disable it no questions asked. But if there's a mistake and I need to have the page back up I need to get consent from the guy? Is that bullshit or is it just me?
Any suggestions how I should handle this? I feel that I should have my page AND my personalized address back but I can't be sure if it's within my rights.

 

[guitarguru777]

I would email him and ask him what the deal is, or I would just report him for the same thing. YOU had the name first. So you have the claim to the name if thats the route they are going to take.

 

[Line666]

Thats total bullshit, how can the complaining party have jurisdiction over an event occurring on a 3rd party system.

Its obviously Facebooks decision on who it passes the buck to but the most logical course of action would be for it to arbitrate because it is the only party with impartiality in the matter.

 

[Line666]

Of course one of your options would be to file a complaint about their page now they've taken it off you.

 

[006]

Their argument could be that people could get confused and that could hurt any profits or anything that company could have made from a user. But, the argument you can make is that there is no reason somebody should think your band (or whatever the page is) could in any way confuse a user into thinking they were looking at that company's page because the content and everything is totally unrelated.

 

[egan.]

I have nothing to add, but what a dick move. Despite what the email from FB says I would try to deal w/ them and not with the other party. EscalationStudios has nothing to gain by conceding to you because clearing they have gotten exactly what they wanted.

 

[Ben Johnson]

monster...

 

[Keregioz]

I have nothing to add, but what a dick move.

That's what I thought too. Why not get the "escalationstudios" address which seems the obvious and logical choice and have my page reported instead.

I've sent emails to both parties explaining politely my arguments and I'm waiting for reply.

 

[Keregioz]

monster...

 

[JBroll]

Monster has a tendency to sue anyone who utters the word Monster outside of the context of selling their cables.

Something similar happened to a local coffee shop... they've been around for years under the name Wildfire Coffee Roasters and apparently a restaurant chain up north shared the name and didn't want anyone confusing a steakhouse up north with an independent coffee shop in Texas. Apparently being sensible never works when lawyers and IP come into the picture, so strike first and strike hard.

Jeff

 

[Loren Littlejohn]

Cunts. That's bullshit at it's finest.