Facebook, the social networking website, is allowing its users to create custom usernames to identify themselves in the URLs for their profile pages. On June 9, 2009, Facebook announced its plan to replace randomly assigned numerical labels in its URLs with user-selected web addresses for personal Facebook profiles pages (e.g., http://www.facebook.com/replinrhoades). Users will be able to find particular Facebook profiles by using individual names as search terms in Facebook searches and internet users will be able to locate these pages by performing Google searches of usernames.

The new Facebook usernames must be at least 5 characters in length and contain only alphanumeric characters. Facebook will not consider requests to register generic usernames such as “restaurants” or “beer”. Username registration opens to Facebook members at 12:00am EDT on Saturday June 13, 2009. Usernames will be registered on a first-come, first-served basis.

Trademark owners who wish to prevent their marks from being registered as new Facebook usernames should act immediately to notify Facebook by completing and submitting an electronic request using Facebook’s online request form available at http://www.facebook.com/help/contact.php?show_form=username_rights.  Facebook will only accept requests to protect federally registered trademarks.

To prevent username cyber-squatting, Facebook has temporarily limited eligibility for usernames to members whose Facebook accounts pre-date the public announcement of the new vanity URLs. Username registration for new post-announcement Facebook members will open on Sunday, June 28, 2009.

Facebook has also implemented a process for requesting the removal of infringing usernames should trademark owners fail to notify Facebook of their rights prior to the June 13 deadline.  However, Facebook claims that once a username is set it may not be altered or transferred for any reason. Therefore, if Facebook agrees to remove a username based on a trademark owner’s request, it seems that the username will be permanently unavailable for future use by any other user, including the trademark owner.

Please contact Replin & Rhoades if we can assist in notifying Facebook of your registered trademark or answer any questions about this recent development.

We are part of a “do it yourself” society, where “DIY” is a well-known moniker. DIY is great for many things but drafting legal documents is not one of them. There are lots of form agreements available but they rarely do the job of actually securing a deal, protecting your interests, or otherwise functioning as a truly good contract.

Every deal is different and each deal is unique. If you’re involved in a transaction that requires a contract, it’s important enough that you want the contract to be good. Form agreements may do an adequate job of touching on the major issues (term of the agreement, territory, payment) but usually ignore the details that are so important to every deal. While some forms are better than others, it is virtually impossible to have one form cover all contingencies.

We often talk to people who want to use a form (or “canned”) agreement and then have us “touch it up” or “look it over.” While this may seem to be a money-saving solution, it can take a lot of time to go through a canned agreement and figure out what is missing, where the important terms are, and what may need to be added or edited. In fact, it often takes us less time to do the entire agreement ourselves than it does to fix and fiddle with a form or pre-packaged document. Think of it like building a house: would you try and build the house yourself and then hire a contractor to come in and figure out what is missing and what needs to be changed? It’s just not efficient.

You want your contracts to protect your interests, to accurately explain the deal, and to be properly drafted from the beginning. Canned agreements rarely accomplish these goals. But we can! Feel free to contact us with any questions about your contract.