Sat 13 Feb, 2016 01:00 am
I have an unpleasant situation where an FB user for whatever reason, chose to register my already registered business name as her own Australian trademark. She had been using a short variation of it for her own different activities.
A couple of weeks ago, she reported our business page to FB (after about a year) as a breach of her trademark. They warned us, deleted the post in question, advised if further posts were made they would delete the account. Within 15 minutes, and no further activity on our part, they just deleted everything.
Two weeks on and she has now reported an older post of mine (from when we started the business a couple of years ago) and they have just taken her word and deleted it from my account.
Under Australian law, because we were already using the 'Trademark' before she registered it as her own, we have legal prior use rights and she can't stop us from continuing (it's our business name, product name, signage and branding) even worse, she doesn't even use it and seems to have done this out of spite.
How can we 'appeal' to FB to reinstate us as we are legally entitled to continue. There seems to be no avenue I can find other than contacting her as they state in their standard communication. Obviously someone who has gone to this extent without ever speaking to us isn't going to just say ok, sorry FB, let them go on..
It seems we are all just at the mercy of people like this no right of appeal.
Try contacting Facebook
Keep in mind, it may take a while. There are 1.6B users and fewer than 10,000 employees. This is why the vast majority of disputes are resolved as well as possible via computer algorithms.