• by Wendy Davis  @wendyndavis, November 5, 2010

A dispute between Facebook and the parody site Lamebook.com landed in court on Thursday, when the humor site filed a lawsuit seeking a declaration that it can continue to operate under the name Lamebook.com.

The Austin, Texas-based Lamebook.com, which launched in July of 2009, says in its court papers that it isn't violating Facebook's trademark because it doesn't offer social networking services or otherwise compete with Facebook.

"Each weekday, the Lamebook Web site is updated with new 'lame' Facebook content for its users to view and comment on," the company alleges in court papers filed in U.S. District Court for the Western District of Texas. "By compiling, selecting, and allowing public commentary on amusing Facebook Web site content, the Lambebook Web site serves as a humorous parody of the Facebook Web site and the role it plays in society."

Ed Cavazos, a lawyer for Lamebook, says the company only went to court because Facebook threatened litigation. "This was the culmination of discussions with them," he says. "They said they would sue if we didn't change the name."

In a cease-and-desist letter sent to Lamebook in July, an attorney representing Facebook wrote that the company "firmly object[s] to attempts to create brand names that trade off of Facebook's fame."

Should Facebook contest the case, the company could have an uphill battle because judges tend to let publishers use companies' names in order to mock them, says Internet law expert Venkat Balasubramani of Seattle. "There's a pretty healthy tradition of allowing people to poke fun of brands," he says. In addition, he says, consumers are unlikely to be confused between the two sites.

This lawsuit marks at least the third time in recent months that Facebook has landed in court due to a dispute about a name. In August, the social networking service sued Teachbook for trademark infringement, alleging that the word "book" is distinctive and that Teachbook's name potentially weakens Facebook's trademark. Last month Facebook also sued the adult site Faceporn.com.

Facebook has not yet responded to Online Media Daily's request for comment.