Someone has created a fake Facebook account of our company - what actions should we take, other than simply contacting FB directly?
Answers
Unless you can a) determine who did it; b) prove they stole trade secrets or violated a whole host of federal, state and or local laws and you were the victim of real economic damage, not much.
Law Enforcement has to make choices, and without establishing a pattern of behavior or with large losses, they will throw their resources into other efforts.
Is your company name a registered trademark? Is the Facebook page using any of your registered trademarks? Is the Facebook page using any of your copyrighted information? Is the Facbeook page using any photos or other content/art that you own?
You right Ken, but Mr. Anonymous asked in addition to contacting Mr Zuckerberg...
Also, he didn't state whether the company FB account was an exact duplicate or just in name. It is possible and legal to have multiple companies with the same name in different states (and sometimes the same state).
This is a good point: a cease and desist letter will get someone's attention quickly. A C&D order from a judge will get a faster response, of course, but the bar is higher there - although don't let that stop you. So if they are trading on your name or tm's or IP in any way, you may have a good angle.
Here's a fast true story. Friend of mine owned a company called "Watts Up". He did
Along came a lawyer's letter from a foreign company (not NYS) called "Watts Up", who sold lights and bulbs. The lawyer demanded that my friend cease and desist, as well as release his domain name to the lawyer's client. He also claimed that he had a registered trademark.
Upon examination of the trademark, it was for a category different than the trade (category) my friend 's business. I told him to send a short note to the lawyer and state our findings, that in effect his client has no standing and that they (the foreign company) should cease and desist from contacting my friend again.
Story ended.
He held onto that company name and domain name until he sold the company about 10 years later.
I'm really sorry to hear this ... some people need to get a life.
However, it points out the critical importance of "owning" your name in social media. People do this to companies, but they also do it to individuals. Once the "dirt" is out there, it is much more difficult to clean up when there isn't any foundation of truth around the person or company.
I hope you can get it resolved quickly with Facebook.