Home/Facebook vs. StudiVZ
June 20th, 2009 | Lutz.W Posted in NotesI nearly missed this piece: Facebook lost its lawsuit against German competitor StudiVZ. FB claims that StudiVZ infringes on FBs design and features, and that StudiVZ illegally stole source-code from Facebook. Well, at least the first claim seems to be pretty obvious; the only even more blatant FB-clone I can think of is its Chinese copycat Xiaonei (they did not even change the colors, like StudiVZ).
IMO German jurisdiction concerning Internet cases is inconsistent and weird at best, maybe a reason for this verdict. The court seems to have argued that “StudiVZ isn’t trying to trick users into thinking they are actually on Facebook. Another factor in favor of the German site: When StudiVZ went live in Germany in November 2005, Facebook was virtually unknown in that country.”
Hmm, so it’s okay to clone a web-service in Germany as long as the original is not really that well-known here, and as long as you do not pretend to be them; this seems to contradict normal German trademark-law — I need to keep this in mind…