Stand up for Fair Competition.  And send Mark Zuckerberg, Facebook’s CEO, along with The President of the United States and The Department of Justice a clear message: Corporate Bullying is not acceptable in our society.  It’s a gross misuse of power and it’s destroying American enterprise.   Not to mention millions of jobs are being lost because bullies are intentionally squashing competition through potentially illegal acts.

Right now Facebook is trying to own the entire dictionary (e.g. ‘insta,’ ‘gram,’ ‘face,’ ‘book’) and has launched a systematic legal campaign to kill off large numbers of American startups through over-reaching actions. 

Mr. President, you have been on record stating your support for the little guy in hundreds of campaign speeches.  Thank you!  Your rhetoric is heartfelt, however, your actions to avert this crisis will count more.   Now is your time to put an indelible stamp on your legacy and your second term in Office.

Here’s Our Story:

Shortly after Facebook acquired Instagram in 2012, Facebook started a systematic and ongoing set of legal attacks against small startups, app developers and web-based businesses.  Facebook and Instagram have been selectively trying to kill dozens of small and non-competing businesses from fairly using the syllables “insta” or “gram” in their business names, app names, or trademarks, while allowing hundreds of other “gram” and “insta” names to coexist with Instagram.   Is this hypocritical?  Is it unconscionable?   Yes!    

While Instagram’s name has been protected by its trademark and by the company’s API (application programming interface) guidelines, the terms “Insta” and “Gram” have not.   Moreover, after closing the Instagram acquisition in 2012, Facebook cleverly concealed several important changes within Instagram’s brand policies.  Prior to these changes, the use of the terms “Insta” and “Gram” were actually encouraged by Instagram and noted within their API documentation.  You could use “Insta” or “Gram,” but not both together in the name of the app.  In fact, this is the precise open sharing approach Instagram used to grow so quickly, on the backs of independent startups and the entrepreneurial developer community!  This is the fabric of our American society.  

Now Facebook and Instagram are attempting to stop numerous, small companies from using “Insta” or “Gram.”  Many of which will have to shut down, file for bankruptcy protection, and possibly layoff their workforces.  This will hurt you and the American economy.  This same situation is affecting thousands of other companies with millions of employees – all facing corporate bullies like Facebook. 

End the Madness:

This is a gross misuse of power that needs to stop immediately, particularly when there is no consumer confusion between Facebook and the companies they are trying to put out of business.  So, if you’d like to stop this behavior, please skip to the end and sign our petition. Thank you for your support!  Alternatively, if you’d like to learn more of the facts and specific cases, please continue reading as we outline the absurdity of Facebook’s actions to own “gram” and “insta,” along with the dozens of legal attacks launched by Facebook against numerous named startups, including San Francisco based Evergram (who’s co-founder was diagnosed with Cancer and wanted to send time capsule messages into the future).

Violations of Trademark Misuse and Unfair Competition Laws:

Here’s the larger issue:  The attempt of any large organization such as Facebook, with vast resources to assert legal attacks with the goal of outspending a smaller company into compliance or abandonment of its efforts is objectionable on many levels, not to mention the possible violations of trademark misuse and unfair competition laws. 

These bullies are purposely attempting to remove potential and future competitors, even when no “consumer confusion” exists between the names.  While the laws are properly in place to protect trademark owners against “consumer confusion,” they are not in place for the purpose of wiping out competitors through a misuse of power and administrative legal tactics.

This is an anti-competitive situation.  It requires small companies to divert precious growth capital and management focus to the courtroom.  This is no accident, but an anti-competitive and bullying strategy on the part of many large companies seeking to become our Internet masters!  

Facebook also has taken the aggressive steps towards owning the word “book” and "face," not as a combined words, Mr. President, but as free-standing individual trademarks for their monopolistic empire-building and to thwart future competition.  How is this good for free enterprise? 

Evergram v. Instagram:  A Small San Francisco Startup Fighting Back:

In the case of a San Francisco startup company widely publicized on CNN and other national media outlets, Evergram’s potential loss of its trademark and brand name would mean the end of its business. 

While Evergram is not as well known as Facebook, and not as wealthy as Instagram, they have rights too, Mr. President.  And so do the other small companies on behalf of which we now post this petition!  And one of those rights is to petition you, Mr. President, to ask the United States Trademark and Patent Office to review its policies and laws regarding trademark misuse.  We also ask that you contact the Department of Justice to ensure full and complete enforcement of unfair competition laws.  We need your help in defending our small companies against the $200 Billion Goliaths like Facebook. 

Now, Facebook recently began lawyering up to attack Evergram.com for using the syllable “gram” in its name. The case, Instagram v. Evergram No. 91216122, is being argued in The Trademark Trial and Appeal Board in Washington, D.C.  And Evergram is not alone. Many “insta” and “gram” companies are being driven under, in much the same way Facebook used its deep pocketed legal department to obliterate the names of companies with "face" or even "book" in their names. This is a linguistic monopoly of power that will have dire consequences on commercial free speech in the Internet age.

Evergram and Instagram, however, remain very different.  Instagram was launched as a photo-sharing app to capture one’s photos, select a filter, and instantly share those photos with the public.  On the other hand, Evergram was designed to deliver peoples’ special memories at special times, now or in the future.  In fact, the Company was founded right after the co-founder was diagnosed with Cancer.  During that time, he wanted to send meaningful messages to his children in the future – with an intentional delay - should he pass away.   As you can see, there is a huge difference in appeal and tone and manner than the instant focus of Instagram. 

Evergram is a modern day ‘gram’ just as a Telegram is an old-fashioned way to send a message, or MoneyGram is an old-fashioned way to send money.  Why should Facebook’s Instagram be allowed to use the courts in whimsical fashion to destroy all newcomers who have the audacity to use even one of these syllables in its name?

What’s next?  Suing the Billy Graham foundation or Lyndsey Graham because their names sound somewhat similar.  What about Nabisco’s Graham Crackers.  Will Facebook gobble them up too?   

Facebook and Instagram Attacking Dozens of Companies:

Why should America’s taxpayer supported courts allow Facebook to try and stop smaller companies dead in their tracks?  Facebook and Instagram now seek to crush dozens of trademark applicants from using "Gram" or “Insta” in their names, while selectively allowing others to co-exist with Instagram.

Hundreds of "Gram" Companies Coexist with Instagram:

We feel the Department of Justice (DOJ) should ask Facebook: “Why attack Evergram and dozens of other small companies using 'gram,' yet ignore the 250 plus registered trademarks ending in ‘gram’ or the 100 plus mobile apps using ‘gram’ in their name?   Equally important, many of these products are for photographic apps marketed under registered names in the exact same classes as Instagram:  Infogram, Photogram, Cinemagram, Panogram and Pictogram."  

How absurd and hypocritical!  So why is this happening? 

One of the likely reasons Facebook has selectively ignored these 250+ “registered” trademarks using “gram” in their name is because any action taken against these parties would likely face an immediate counter action to cancel the Instagram trademark.  Ouch!  That certainly sounds like a significant risk for a company that spent $1 billion to acquire Instagram.

Now ask yourself the next question, why is Facebook the only company to oppose these new “gram” and “insta” names, while the other 250+ companies or "gram" trademark holders have co-existed peacefully?   

The answer:  Facebook is behaving badly, intentionally over-reaching and misusing its power.  It’s not being a good corporate citizen and living up the ethics it espouses.  And it concentration of power is increasing daily with its growing influence in Washington D.C.

How You and The President of the United States Can Help:

In closing, we write this petition on behalf of the 250+ companies, app developers, website owners, and entrepreneurs who are using ‘insta’ or ‘gram’ in their company or product names.  We also write this on behalf of the thousands of other small companies (employing millions of people) facing similar corporate bullying practices.   With your signature, we can make a real difference.

There is no way that these companies, many of which do not even compete directly with Facebook or Instagram can afford the legal defense that this sort of unfair harassment represents.

Please do everything in your power to ensure that The United States Trademark Trial and Appeal Board, The Patent And Trademark Office, and The Department of Justice hears your concerns and fix this misuse of power.

Do no evil, Mr. President.  Pick up the phone and tell someone to take action.  And for Mark Zuckerberg, we ask that you re-think your strategy and stop these legal tactics.   

For our part, we have now started Bullygram.com to give a forum to those who witness such corporate bullying, and also, a way to keep the public aware of whatever actions the Executive Department takes to investigate this matter. 

Sincerely,

Supporters of Evergram and Friends of Fair Competition On The Internet!