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Facebook Trademark question

Discussion in 'Black Hat SEO' started by extremephp, Oct 6, 2011.

  1. extremephp

    extremephp BANNED BANNED

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    I am into Facebook lately with some projects and I am in a stage to buy a domain name related to Facebook.

    Just read their terms and I see Facebook,FB,Wall,Poke,Face and all those comes under their trademark.

    I see a lot of people using FB in their domains names too and am looking for the same as well.

    My site is not against facebook, but it adds something to the Facebook features. so obviously Facebook shouldnt care.


    So any ideas guys? I should be staying away from that? Seeing a lot of such domains makes me confused :confused:
     
  2. bornformoney

    bornformoney BANNED BANNED

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    I'd be very careful especially after knowing that facebook went after shagbook to sue them just because their domain name contained the word "book"

    I know they're greedy idiots!
     
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  3. extremephp

    extremephp BANNED BANNED

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    What I looking for is "FB". Makes me wonder because I see a lot of domains having the same.
     
  4. marekpl

    marekpl Newbie

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    You will get an email like this, strange thing is i don't own that domain

    To Whom It May Concern,

    We are writing concerning your registration and use of the domain name

    http://brotherhoodfacebook.net/

    , which contains the famous Facebook trademark.

    As you undoubtedly know, Facebook is the leading online social network service. Facebook adopted the name and trademark Facebook in February 2004 and, since that time, Facebook has actively used the Facebook name and trademark in connection with its online social network service, including maintaining the web site http://www.facebook.com/. The term Facebook is one of the most famous trademarks on the Internet. Facebook owns exclusive trademark rights to the Facebook name as a result of numerous trademark registrations in the United States and internationally, as well as related common law rights. Accordingly, Facebook enjoys broad trademark rights in its name.

    Facebook has made a substantial investment in developing and providing its services. As a result of Facebook?s pioneering efforts and devoting substantial effort and resources to providing only high quality services, the Facebook name and trademarks are widely known among the consuming public worldwide, and the name and trademarks embody substantial and valuable goodwill.

    Accordingly, we were concerned when we learned of your registration and use of

    http://brotherhoodfacebook.net/

    . As we hope you can appreciate, protection of its trademarks is very important to Facebook. Your registration and use of

    http://brotherhoodfacebook.net/

    violates the Lanham Act (15 U.S.C. 1051 et seq.) because it infringes and dilutes the famous Facebook trademark.

    Infringement occurs when a third party?s use of a company?s trademark (or a confusingly similar variation thereof) is likely to confuse consumers as to the affiliation, sponsorship or endorsement of the third party?s services. Trademark dilution occurs when a third party?s use of a variation of a company?s trademark is likely to lessen the distinctiveness of the company?s famous trademark.

    We have filed several proceedings before the United Nation's World Intellectual Property Organization's arbitration panel. Facebook has prevailed in each case and the domain names at issue were all ordered to be transferred to Facebook. Facebook is concerned that your unauthorized use of the Facebook name may cause confusion as to whether you or your company?s activities are authorized, endorsed or sponsored by Facebook when, in fact, they are not.

    We understand that you may have registered

    http://brotherhoodfacebook.net/

    without full knowledge of the law in this area. However, Facebook is concerned about your use of the Facebook trademark in your domain name. As you may know, the Anticybersquatting Consumer Protection Act provides for serious penalties (up to $100,000 per domain name) against persons who, without authorization, use, sell, or offer for sale a domain name that infringes another?s trademark.

    While Facebook respects your right of expression and your desire to conduct business on the Internet, Facebook must enforce its own rights in order to protect its valuable and famous trademark. For these reasons, and to avoid consumer confusion, Facebook must insist that you immediately stop using

    http://brotherhoodfacebook.net/

    and disable any site available at that address. You should not sell, offer to sell, or transfer the domain name to a third party and should let the domain registration expire.

    Please confirm in writing that you will agree to resolve this matter as requested. If we do not receive confirmation from you that you will comply with our request, we will have no choice but to pursue all available remedies against you.

    Sincerely,

    Ethel

    Legal Dept.
    Facebook, Inc.
     
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  5. ahiddenman

    ahiddenman Elite Member

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    I've used "FB" before in a domain for my old Social media business i had.

    Infact here is the domain: http://www.buyguaranteedfbfans.com

    Never received any complaints or negative comments , Made me a good amount of money also :)
     
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  6. extremephp

    extremephp BANNED BANNED

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    So, they do give me a chance to solve it peacefully before I am into different law suites for infringement right? So I would be able to take down the site if they contact me about this? Thats ok, if thats what its going to happen.

    @ahiddenmen

    Where did you register the site? some random offshore registrars? or the usual pnes?
     
  7. ahiddenman

    ahiddenman Elite Member

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    Namecheap :)

    I've had copyright domains in the past and held them for years at a time.

    Not saying it wont happen to you but you will be fine with FB.

    But if you plan to host a copyright domain then i recommend registering it at internet.bs
     
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  8. extremephp

    extremephp BANNED BANNED

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    So even if they find us down, will they be giving me any chance to takedown the domain before sueing me?
     
  9. ahiddenman

    ahiddenman Elite Member

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    Lulzsec use Internet.bs and they have committed much worse crimes than copyrights haha but they are still on the run.

    If somebody sue's you its usually because they have your address through the WHOIS database or if your with a public company such as Namecheap or Godaddy then they can giveaway your details. But with internet.bs they wont say anything.

    Offshore Hosting + Internet.bs is great :D
     
  10. extremephp

    extremephp BANNED BANNED

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    So you used internet.bs and offshore for your fan services? Mine too is nothing shady or so. Just a normal one like a service.