Tell me more ×
Answers OnStartups is a question and answer site for entrepreneurs looking to start or run a new business. It's 100% free, no registration required.
up vote 0 down vote favorite

I would like to know if I can use the thumb from Facebook for commercial use? I've seen it on a stamp (http://gizmodo.com/5561499/we-really-like-the-facebook-like-button-rubber-stamp), but is that legal to make if you're not Facebook?

share|improve this question
2  
You should read the FB guidelines. This question is off-topic. – Ross Jun 16 '11 at 15:42
@Ross, the FB guidelines are not controlling here. FB can't prevent people from doing something they have a clear legal right to do. – user6603 Jun 16 '11 at 16:41
1  
@Kekito - Ross's two statements are independent. The question is self-answering if the OP actually does some tiny little bit of research. And, it is off-topic here. – TimJ♦ Jun 16 '11 at 17:49
@Tim, I actually did some research, but couldn't find anything. – priktop Jun 16 '11 at 18:09
@Tim, I'm presuming he wants to use this for a startup which makes this as relevant as most questions here. I also think this is a good question and not self answering. – user6603 Jun 17 '11 at 2:05
show 1 more comment

2 Answers

up vote 1 down vote accepted

There are two issues, copyright and trademark.

Copyright

Copying the thumbs-up image exactly would probably be a copyright infringement (though not clear if Facebook would care...). However, designing your own thumb that looks similar would not. Facebook can't prevent other people from using a common thumbs-up image.

Trademark

Because a thumbs-up image is so common, Facebook has a very limited ability to claim it as a trademark.

If you are using a thumbs-up image for a different purpose (e.g., something other than "like"ing) then I don't see a trademark problem.

If you are using a thumbs-up image for the function of "like"ing something without using the word "like, then it is probably still ok as I imagine that others did this before Facebook and others do it today.

If you are using a thumbs-up image for the function of "like"ing something and using the word "like" then it is a more difficult question. Personally, I don't think FB should be able to get TM rights for that, but companies like FB can be very agressive in protecting trademarks. I could see FB going after the rubber stamp maker that you mention.

Practically, absent a Gizmodo article about you, FB would probably never notice your use of a thumbs-up image (with or without "like") so you likely would not have a problem.

share|improve this answer
Thanks Kekito. So what would you recommend when I want to put something like that on the market: knock on Facebook's door and ask for permission, hoping that they won't 'steal' it, or just go with it? What if your product gets noticed worldwide and everybody wants it (hypothetically, ofcourse ;))? – priktop Jun 16 '11 at 17:39
@Priktop, I don't know what your are doing, but I say go for it and don't ask FB. If you get successful, you'll have the resources to defend yourself. Worst case scenario is that you have to change your icon. No big deal. – user6603 Jun 17 '11 at 2:02
Whoever downvoted, please provide feedback... – user6603 Jun 17 '11 at 2:03
up vote 2 down vote

Ref :

Facebook Brand permission !!!

https://www.facebook.com/brandpermissions/logos.php

General guidelines that apply to all permitted uses of the Brand Assets (Of FACEBOOK): Avoid using Brand Assets in a way that suggests any type of association or partnership with Facebook, or approval, sponsorship, or endorsement by Facebook. Don’t present a Brand Asset in a way that makes it the most distinctive or prominent feature on your web page, printed material, or other content. Don’t use Facebook’s Brand Assets in a way that is deceptive, harmful, obscene, or otherwise objectionable to Facebook. You may not present or feature the Brand Assets on websites containing content associated with pornography, gambling, or illegal activities. You must keep sufficient space around our Brand Assets so they appear clean and uncluttered. You may not combine our Brand Assets, or elements of our Brand Assets, with your own name or mark or generic terms. Do not use trademarks, logos, or other content that is confusingly similar to the Brand Assets. You may not attempt to get rights in the Brand Assets, or any confusingly similar approximations, whether by trademark registration, domain name registration, or otherwise. We do not require the use of either the ® or the ™ attribution symbols with our Brand Assets. All use of Brand Assets is subject to Facebook’s terms and policies, including the Statement of Rights and Responsibilities and the Privacy Policy.

If you want to use it - Visit this link https://www.facebook.com/brandpermissions/requests.php

share|improve this answer

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.

Not the answer you're looking for? Browse other questions tagged or ask your own question.