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Got Legal Notice from /FA-CE-BOOK

Discussion in 'Social Networking Sites' started by In Hopes Of, Oct 19, 2009.

  1. In Hopes Of

    In Hopes Of Newbie

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    I have finally received the notice and it was expected.


    So my question is what now ? and suggestion.

    I understand most will say stop using the domain. And it is expected, however I am hoping for some innovative ideas


    I thought about forwarding the domain. Is this the best?


    Any other suggestions ?


    I read on the forum "one guy" sticking it to a dating site :)


    And yes, I am not looking to pay $000,000.

    Do I sell the domain?where -is that my only option?



    I hope for some innovative ideas?
    and I expect the jokes | and smart cracks.



    How about if I am out of the USA ? but still NorthAmer (south)



     
    Last edited: Oct 19, 2009
  2. xoxxx

    xoxxx Regular Member

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    I doubt they will waste their time sueing you. If your outside of US it makes it even less likely. Just sell the domain. But don't quote me on any of this, I'm sure there are people who know a hell of a lot more about it than I do.
    Posted via Mobile Device
     
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  3. Realign02

    Realign02 Regular Member

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    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.
     
  4. GloCk99

    GloCk99 Regular Member

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    There really is no point fighting the man on this one, unless your hosted offshore and are "invisible". I would just sell the domain and be done, they have huge legal teams that will make mincemeat of you if it comes to it.
     
  5. nufaman

    nufaman Elite Member

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    Would be pretty stupid to get into a fight with Facebook.
    Let it go and forget about any BS "innovative ideas"
     
  6. zonecrash

    zonecrash BANNED BANNED

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    I would just sell the domain


    what about this ?
    http://www.blackhatworld.com/blackhat-seo/domain-names-parking/130856-how-much-do-parking-networks-pay-average.html

    I am not sure if DOMAIN PARKING , DOMAIN FORWARD, or Google Domains would work, but it is "innovative"




    .
     
    Last edited: Oct 20, 2009
  7. slicer

    slicer BANNED BANNED

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    A friend of mine was dragged through the legal system by Matel, because he used "barbie" in a domain. He fought them for 5 yrs in court.

    Finally on the last day of the last court appearance the judge sided with him
    and told Matel to go piss into the wind and pay all court costs.

    But he had to wait 5 yrs for that decision and spend over $100k in legal fees to get it.
     
  8. 1renegade

    1renegade Registered Member

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    slicer has a good point, unless you have time and funds get rid of that badboy.
     
  9. youssef93

    youssef93 Senior Member

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    I think offshore hosting would not protect the domain name from being turned to facebook. If they file a UDRP, you're screwed. You can try selling it, but anyone aware of trademark violation would not buy. Well, if I had to give in anyway, I'd give them a hard time first. Say you'll comply in 3 days, do nothing..keep saying you will..etc. I dont really know how much time it'll take them to get the domain if they file a UDRP but if you're outside the US, you may have a much better chance of pissing them off big time before they get the domain. But eventually, it'll probably be theirs if you do not comply. But since I'm in Egypt, and it's only like $9 for the domain, so I'd prefer an honorable death..LOL
     
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    Last edited: Oct 20, 2009
  10. IcedCube

    IcedCube Junior Member

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    You'd have to be in one of the few countries that does not enforce American Trademark laws. Then, you can keep it or sell it to them at any price.

    But you obviously aren't, so you're fucked.
     
  11. vegasvillan

    vegasvillan Regular Member

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    I had the same shit happen to me with State Farm Insurance.....godaddy took the domain name away from me and gave it to them
     
  12. slicer

    slicer BANNED BANNED

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    Actually if you are not using the domain for the exact same service that FaceBooks supplies there can not be brand confusion.

    Since you obviously don't have facebook.com :)

    Something like facebooksecrets.com they'd have a hard time getting any
    judge to agree with them on. That's only my no legal personal oppinion.
     
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  13. srb888

    srb888 Elite Member

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    IMHO, Just say sorry to them, that you didn't knew, and offer them the domain-name in good faith. :) Just consult your lawyer for the right legal advice though.

    What's the use in avoiding the inevitable? There'll always be another great day tomorrow if you don't want to fight those biggies.
     
    Last edited: Oct 20, 2009
  14. TheSlugClub

    TheSlugClub BANNED BANNED

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    i didn't know they could do that. arent they supposed to buy it from you?

    lets say im selling a book that is about fuckfaces, and if I get a domain like fuckfacebook.com and promote the clickbank mafiawars ebook along with the fuckface book that I have, would that be illegal too?
     
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  15. noph34r

    noph34r Regular Member

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    I agree with srb888.
    Let them think you didn't know about this copyright infringement. Tell them that you'll make domain expire but you have spent money for buying it, try to sell them your domain but with a lot of diplomacy.
    Their lawyers like to kick poor guys ass.
     
  16. noph34r

    noph34r Regular Member

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    If you use hyphens I think they couldn't do anything. fuck-face-book.com should be safer.
     
  17. linkownsyou

    linkownsyou Newbie

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    Dump it. If you built something on it that was stupid since you said yourself you expected to be contacted. You can't hide or run from a UDRP, they will take the name unless you respond and convince the panel you have a right to the domain.

    FB could potentially sue you although it is more likely they would file a UDRP first before doing that. Either park the domain and wait to lose it in a UDRP or just take it down and let it expire, probably the easiest way.
     
  18. bobbys

    bobbys Regular Member

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    I had a company file a UDRP against me for trademark infringement and godaddy stripped my domain privacy. Domain Privacy is not as private as most people think, and anyone can file a dispute, even if its frivilous or nonsense, and easily strip you of domain privacy (read the small print when you sign up for it).

    I don't know how your registrar will handle it, but Godaddy locked the domain so that it couldn't be transfered or renewed, but it is still technically mine and usable until the company proves their case and gets a court order stating they have a right to it, or I agree to transfer it to them by signing papers stating I am giving up control.

    From my understanding and experience trademark infringement is a very gray area and most companies with deep pockets use the threat of legal action from expensive lawyers as a means to indimidate people into complying with their demands. Most people who receive domain dispute letters from lawyers just dont want any trouble so they immediately transfer the domains or shut down the site.

    I spoke to a lawyer about this and his advice was that unless you are blatantly infringing on a trademark, that is, you have the facebook logo plastered all over your website or are trying to give people the impression you are associated with Facebook or working with/for them, it will very hard for them to prove infringement.
     
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  19. shimari

    shimari Newbie

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    By *'s sake people, stop using that Godaddy crap. For those who don't know them yet, please read this: http://www.forevergeek.com/2006/07/godaddy_sucks/

    Also, what the hell is that Godaddy CEO? I'd kick the ass of that prick if I had the chance.
     
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  20. redtide1969

    redtide1969 BANNED BANNED Jr. VIP Premium Member

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    I tend to agree with the consensus OP. I would let them have it and cut your losses. move on and rebuild. We already know from past examples that FB won't hesitate to protect their name.