Got Legal Notice from /FA-CE-BOOK

[btheory]

Generally when you run into a trademark problem you're fucked. In most cases they make you surrender the domain. I know it sucks, but there really isn't anyway around it.

That's about it. I wouldn't even bother wasting any more time. Tell her you will graciously hand over the domain providing they send you a jar of Vaseline, especially since they enjoy wasting their time butt-fucking civilians trying to make a buck or two. As if they need another domain, or are truly threatened by you owning it.

 

[lonny41]

Personally I would have registered it in Canada, not that that would do much, but it would slow the legal process down. Then when they contacted me I would tell them to go go fuck themselves, not that that would actually do anything, but it would give me a good laugh.

Sell the domain to me, I'd like to fight them, not that I would win, I just like fighting, it's all about the fight, not whether you win or lose.

I'd use the whole thing to get advertising for me in some way shape or form.

And yeah, I did stick it to a network, but they were nothing compared to facebook.

Now that's a fight I'd like to fight.

 

[MachTurtle]

is it just me, or did they refer to themselves as famous alot?

 

[In Hopes Of]

So as said by most "give it up", no profit :-(

check the domain, it is used in Can/Tor

add "Toronto.com" to the trade name.

http://www.----------toronto.com

I would have liked to make money with this domain (Adsen, ClkBnk, CJ) or something. anyone want to team up - PM me with good suggestions.


---- it seems my goose is cooked, in a day or two I will have to reply.


Hey can they sue me if I "do not" have a RED cent?


I have to act ?, I was hoping for a great "SAFE" answer?

thanks so far to everyone for contributing an answer?




.

 

[bobbys]

Knowing your domain name changes a alot. Facebook toronto . com is a clear infringement on their name and trademark. In my opinion they would easily win any dispute because any reasonable person might mistake your site for representing facebook in Toronto.

Sorry to say this but I don't think you have any defense or case here. After checking your domain WHOIS info, I can see that you used GoDaddy. Here is what will most likely happen: (speaking from personal experience)

1) Facebook will eventually file suit against your domain, listing you as a john doe

2) They will forward a copy of the lawsuit to godaddy, who will strip you immediately of your domain privacy so that your real info (if you used your real info) will be visible in the public WHOIS

3) If you used fake info, they might subpoena godaddy for the payment information used to register the domain.

4) Facebook will send a copy of the case/suit to your home address if you listed it in the WHOIS or used your own credit card.

5) Their lawyers have deep pockets, much deeper then yours, and they will win in the end, especially given that your domain name blatantly infringes on their trademark name.

My advice to you is to end it before it progresses to the lawsuit stage because then you're gona end up having to respond and pay a lawyer, and you will lose it in the end anyway. If you're really making huge money from the site though you should talk to a lawyer. And before they file a dispute and lock the domain, change the WHOIS info to something fake.

 

[spdgxp]

Agree with bobbys; I've some experience in this domain and this is a clear case of infringement. Any individual familiar with the law will not argue that.

In case you're curious:

The touchstone of liability [for trademark infringement] is whether the defendant's use of the disputed mark is likely to cause confusion among consumers regarding the origin of the goods offered by the parties. Daddy's Junky Music Stores, Inc. v. Big Daddy's Family Music Center, 109 F.3d 275, 280 (6th Cir. 1997)

As bobbys said, "any reasonable person might mistake your site for representing facebook in Toronto."

I suggest you comply.

The truth is even if you were on the right side of the law here, anyone can sue you for anything; when you tread into gray legal territory, you need to be prepared financially to deal with any legal upheaval you may encounter. Else, stay out of the deep end of the pool - and definitely stay away from creative ideas.

 

[Nicknicholas]

I'd unload it ASAP for a high price if it was me. Depending on the domain name and content on it, you could make 100$ on the sale. Better do it quick before you get into trouble though.

 

[thefish2010]

This is actually not as cut-and-dry as one would expect. There are tons of sites who have fought claims like this. For example, check out paypalsucks dot com. They use paypal right in the domain. Paypal bitched and moaned for a while but never got anywhere with trying to take it away from them.

You can fight them, if you're not engaging in the same business as facebook and are not intentionally trying to cause trademark confusion. It depends how much the site is worth to you. If you aren't making money with it, then don't bother - shut it down. You may even get them to pay you some small amount - tell them you paid $2K to have the site developed, and you'll be happy to shut down if they'll reimburse your expenses, but otherwise they can expect the mother of all legal battles. Chances are you'll get the $2K.

If the site is making substantial amounts, then tell them to pound sand up their a**es and get a great trademark attorney involved. Make them bleed to death from all of the papercuts they'll get when they go through the mountain of motions and pleadings that your lawyer will bury them in.

 

[loclhero]

I've said this before: If you haven't been SERVED papers you haven't received shit. i don't know if this is from facebook or not but I find it pretty odd that "Ethel" at Facebook didn't put her last name.
My gut is telling me this is bogus...HOWEVER, even if it is, if you do eventually hear from facebook you would never win in this situation. I could be wrong but if a company is going to issue a cease and desist, they are going to have you served legal filings that are sent by some form of certified letter.

 

[spdgxp]

This is actually not as cut-and-dry as one would expect. There are tons of sites who have fought claims like this. For example, check out paypalsucks dot com. They use paypal right in the domain. Paypal bitched and moaned for a while but never got anywhere with trying to take it away from them.

You can fight them, if you're not engaging in the same business as facebook and are not intentionally trying to cause trademark confusion.

I would advise the OP to critically consider the law and how it applies to his situation.

The touchstone of liability [for trademark infringement] is whether ... use of the disputed mark is likely to cause confusion among consumers regarding the origin of the goods offered by the parties. Daddy's Junky Music Stores, Inc. v. Big Daddy's Family Music Center, 109 F.3d 275, 280 (6th Cir. 1997)

In the case of paypalsucks, no reasonable consumer would enter the site expecting the services of paypal; it's quite clear that paypalsucks - based on the domain name alone - has no affiliation with paypal. The law is on the side of the domain registrant.

On the other, take the example of paypalservices dot com or even paypal is awesome dot com. Any competent lawyer could make the case that these two domains might cause confusion among perspective customers of paypal as to the origin of whatever services are offered by these sites - and paypal would gladly send you a C&D notice, even if you're just driving traffic to paypal itself!

So, yes, in the eyes of the American legal system, you're covered if you own facebook sucks dot com; you're screwed if you own facebook rules dot com.

[Interestingly, paypalsucks directs its browsers to paypal alternatives; the site may quite possibly benefit commercially from these redirects. Who knows? Maybe merchantinc dot com (the alternative recommended by paypalsucks) put up the site!]

In the OP's case, it's tough to make the argument that consumers would not be confused by [location]facebook dot com. As someone pointed out, a resonable consumer might believe those sites to be the local versions of facebook.

And - again - even if the OP were on the winning side of this legal argument, unless the registered site is making him thousands of dollars daily, it's difficult to imagine that investing time, money, and effort into the battle would be worth it for him in the end. Moving on is at times the best solution.

 

[ifwearner]

I've said this before: If you haven't been SERVED papers you haven't received shit. i don't know if this is from facebook or not but I find it pretty odd that "Ethel" at Facebook didn't put her last name.
My gut is telling me this is bogus...HOWEVER, even if it is, if you do eventually hear from facebook you would never win in this situation. I could be wrong but if a company is going to issue a cease and desist, they are going to have you served legal filings that are sent by some form of certified letter.

I agree with this. C&D is step #1. Emails don't do anything. Wait for the letter, then drop it like its hot. Till then.. make some money with it.

 

[wawawiwa]

You are cybersquatting in violation of Anticybersquatting Consumer Protection Act. If you received such letter, I would take it seriously, especially if it is coming from the "big guys".

 

[~@-kanye-west-@~]

same thing happen to me

FB sucks! haha

 

[BalingDazzer]

Tell Ethel to fill out an Email submit of yours and you'll give her the damn domain.

 

[moneyandhotgayguys]

Personally I would cooperate fully, just say that you will give the domain up. Selling would be extremely stupid, they can still charge you with profiting off their trademark I expect.

 

[In Hopes Of]

Thanks for the advice everyone, you are all right with the advice.

but it is like giving up a child - okay bad example.
someone tell HARRO to give up his site I bet he would go down screaming

I read everyone response and still do not know.
it just seems to be bullying and "do this or else"


One day left, I think I only have one day >>>

I so want to send a picture of my A hole - back to her.
And say "I SUGGEST", THAT felt good thinking about it ...


What is "COD" .... Cash on delivery ?

WOW.... read through the link below... Complainant
Complainant - Panama., Romania.Deutschland.Northern Ireland.

- MY azz is grass !!!!!...


SECOND RESPONSE FROM FB
I only added "*" and dashes "-" to the form

-------- Original Message -------- Subject: RE: FWD: fac*eboo*ktor*onto.com - Notice of Face*bo*ok Trademark Infringement [fa**cebo*okto*[email protected]]Date: Tue, 3 Nov 2009 14:00:08 -0800From: Su*san Ka*waguchi <sk*awa*guc*hi@fa*cebo*ok.com>To:
References: <200910nx066.mm-corp.net> <[email protected]>

Hello,

Your email was forwarded to me for response. We are very concerned that Fa*cebo*oktor*on*to.com is being used to drive traffic to Bu-dsglo-bal.com. You will need to disable Face---book-toro-nto.com so that is does not resolve and then allow it to lapse.

I suggest you review the UDRP decisions at the following link:

hXXp://ww-w.wipo.int/search/query.html?la=en&col=domain&qt=fa***ceb**ook


F*aceboo*k has been successful in every action we have filed in domain name issues.

Please respond by COB Friday November 6, 2009 that you have disabled F*ace*bookt*or*onto*.com. We reserve the right to seek all legal remedies.

Best regards,


Sus*a*n K*aw*agu*chi
Domain Name Manager

Fac*ebo*ok Inc.
1601 S. California Avenue
Pa*lo Al---to, CA
Phone - 650 ***---**** 485- ---*** * ***6064
Cell - 650 --- *** 387 ---- **** ---- 3904

NOTICE: This email (including any attachments) may contain information that is private, confidential, or protected by attorney-client or other privilege. Unless you are the intended recipient, you may not use, copy, or retransmit the email or its contents."

.
.


QUESTION HERE .... i am the recipient RIGHT ???? so it is okay to post here.

intended recipient, you may not use, copy, or retransmit the email or its contents."

do not want any more legal act.