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Please Help - Got threatening Notice from Facebook?

Discussion in 'BlackHat Lounge' started by webhostingproviders, Mar 19, 2014.

  1. webhostingproviders

    webhostingproviders Jr. VIP Jr. VIP Premium Member

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    I just got an email from Facebook, please tell me is it real or just a scam, very much worried - as I own a website called
    Code:
    [COLOR=#444444]facebookheadersize.com[/COLOR]
    and its Facebook telling me to take it down :(

    The email is as follows

    From: enforcement@mm-facebook.com
    Sent: Tue 3/18/14 8:29 PM
    To: XXXXXXXXX
    To Whom It May Concern:


    We write regarding your registration and use of the domain name facebookheadersize.com, which contains the famous Facebook trademark.


    As you know, Facebook is the leading online social network, available at www.facebook.com and on mobile devices. Facebook has used the Facebook trademark in connection with its social networking services since 2004. The Facebook trademark is registered in the United States and internationally, and is one of the most famous trademarks on the Internet. As we hope you can appreciate, protection of its trademarks is very important to Facebook.


    We were concerned when we learned of your registration and use of facebookheadersize.com. Specifically, your unauthorized use of the Facebook name is likely to cause confusion as to whether you or your company?s activities are authorized, endorsed, or sponsored by Facebook when, in fact, they are not. 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.


    We recognize that you may not be aware of the laws that apply to trademarks and domain names. Registration and use of domains can violate the Lanham Act (15 U.S.C. 1051 and the following sections) if they infringe or are likely to dilute a 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. Registration and use of a domain name containing another?s trademark can also violate the Anticybersquatting Consumer Protection Act, and may be subject to transfer under the Uniform Domain-Name Dispute-Resolution Policy.


    As a responsible trademark owner, where necessary we have filed proceedings in the relevant courts and also before the United Nation's World Intellectual Property Organization's arbitration panel to prevent the unauthorized use of our trademarks in domains. In these proceedings, the Facebook trademark has been found to be famous and to be entitled to broad protection.


    To avoid consumer confusion and harm to the Facebook brand, we must insist that you stop using the name and domain facebookheadersize.com 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.


    You are of course welcome to explain on a replacement website that your product works with the Facebook Platform, or relates to the Facebook service, so long as that statement is fair and accurate, and does not falsely suggest that Facebook endorses you or your product. For more information on how to properly refer to Facebook, please visit our brand resource center at www.facebookbrand.com/brand. For specific guidelines for developers, see https://developers.facebook.com/docs/guides/policy/examples_and_explanations/branding/.


    Please confirm in writing that you will agree to resolve this matter as requested. We appreciate your cooperation.


    Sincerely,
    Ethel


    Legal Dept.
    Facebook, Inc.
     
  2. abhi007

    abhi007 Jr. VIP Jr. VIP

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    offcourse dude your using the name Facebook...hope you get it sorted out!
     
    Last edited: Mar 19, 2014
  3. miedy

    miedy Senior Member

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    you should just use fb instead of facebook.. but really don't know if that helps.. To make sure that the email is real check out the sender email address.

    Seems real for me though. :)
     
  4. Hopeful

    Hopeful Regular Member

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    Ask them what happens if you don't comply...
     
  5. abhi007

    abhi007 Jr. VIP Jr. VIP

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    dont think twice and do not ask what this guy suggested...
     
  6. Ray Rolls

    Ray Rolls Regular Member

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    I got a C&D email from them once. I C&D'd it isn't worth the headache.
     
  7. srb888

    srb888 Elite Member

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    You're using the brand name Facebook without their express permission (which they would never give, obviously), so they are after you.

    Anyway, if you suspect that you have got a spoof email, and you need to report it to facebook authorities, then you can follow these instruction to tell them:
    Code:
    http://www.ehow.com/how_8447523_report-fake-facebook-email.html
    But in your case, by wrongly using (misusing) the name facebook, they can take whatever actions they think is fit in your case to make you drop it. It was you who made them feel threatened first. lol
     
  8. knopper

    knopper Regular Member Premium Member

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    Give them the domain back and tell them you were not aware of FB trademark and this is the first time you've done something like this.
    I've got many TM domains and ofc i got many legal notices, the best thing to do is "Act like an innocent guy in your response and offer them the domain".

    I almost sent 10 domains to the respected owners after getting legal notices from them :p

    Btw, that email is from FB only, it isn't fake.. FYI

    [​IMG]
     
    Last edited: Mar 19, 2014
  9. memorex425

    memorex425 Newbie

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    I got this exact message from Instagram and it is legit. I would just take the domain down, and 301 to new site.
     
  10. nichelle

    nichelle Newbie

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    I'm not an legal expert on that but do what facebook require you to do. Disable the site and let the domain expire.
     
  11. JFK33

    JFK33 Regular Member

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    If you type in mm-facebook.com in your browser, you actually being brought to facebookbrand page. It tells you what you should and shouldn't do with their brand. Hope you get your answer and action there.
     
  12. gtownfunk

    gtownfunk Registered Member

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    Go sell it on WF. Not really. Comply. I got the funniest C&D from PRNewswire one time for a site where i blended scraped news headlines and porn. You don't have to put your tail between your legs and be a bitch tho.. they're not going to sue you harder because you didn't assume the position.

    gtownfunk
     
  13. Roshaen

    Roshaen Elite Member

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    Just get a new domain name and redirect thats it.
    You received a mail because of trademark violations and its normal so nothing to worry just move on with a new site and you'll be fine.
     
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  14. Standard Toaster

    Standard Toaster Regular Member

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    How about you add a big disclaimer saying you're not affiliated with Facebook.
     
  15. newstjc

    newstjc Newbie

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    Disclaimer does not help in this case - their trademark would overrule the disclaimer. If their trademark is violated, they have the better cards.
     
  16. dmxsta

    dmxsta Regular Member

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    Is this only because you have "facebook" in the domain name?
    For example if you had fbheadersize.com you would be okay as it doesn't have the facebook trademark in the domain name?