In the subsequent lawsuit, however, Facebook "has failed to demonstrate, as a matter of law, that the marks are generic," US District Judge John W Darrah in Chicago wrote in a ruling today. "At this stage in the proceedings, it is not unreasonable to conclude that as to this group of users, 'timeline(s)' has acquired a specific meaning associated with plaintiff."
The judge said Timelines had "more than nominal" sales and more than a thousand active users. A jury trial is set for April 22.
Jonathan Thaw, a spokesman for Facebook, didn't immediately reply to phone messages seeking comment on the decision.
"We're happy with the ruling," Douglas Albritton, an attorney for Chicago-based Timelines, said yesterday in a phone interview. His client is seeking damages equivalent to Facebook's timeline-derived ad revenue, he said.
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