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Real legal notice... or competition?

Discussion in 'BlackHat Lounge' started by Jet Lyfe, Jan 7, 2014.

  1. Jet Lyfe

    Jet Lyfe Registered Member

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    I got this email and I was wondering if this is legitimately a notice from Facebook or if it's competition. To me, it looks like competition. I just wanted to check in with you guys because I'm not AS experienced. Let me know what you think!
    The message was from:
    enforcement at mm-facebook dot com

    [TR="class: acZ"] [/TR] [TR="class: acZ xD"] [/TR]
    To Whom It May Concern,

    We are writing concerning your registration and use of the domain name (censored domain), 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 facebook. 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 (censored domain). As we hope you can appreciate, protection of its trademarks is very important to Facebook. Your registration and use of (censored domain) 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 (censored domain) 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 (censored domain) 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.
     
  2. jeromespitfire

    jeromespitfire Jr. VIP Jr. VIP Premium Member

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    I'd say it is real. Buy a domain name that doesn't infringe on their trademark, or change your business niche.
     
  3. geniusenterprise

    geniusenterprise Registered Member

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    I think it's real however normally they provide evidence that it is a trademark no matter how known the company is. Because I've recently received one and they provided evidence when the trademark was registered. Maybe I am wrong since Facebook is a well known company and refrained from providing that.
     
  4. Beven

    Beven Elite Member

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    'contains the famous Facebook trademark',

    Sounds fake to me.
     
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  5. iwantl00t

    iwantl00t Junior Member

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    There have been tons of these for many years and some for eBay too. Check out the link below to see discussions from other people who received the same email as you.

    http://lmgtfy.com/?q="We+are+writing+concerning+your+registration+and+use+of+the+domain+name"

    Good luck.

    Edit: I don't know if it's real or fake ...my guess would be fake. It really depends on how far you want to take this ...you could always respond to them and ask for proof that they are acting on behalf of Facebook. A simple EMAIL is not proof. I don't know what kind of proof ...but something other than a simple email? lol.

    On the other hand ...prepare yourself should this turn out to be the real deal.
     
    Last edited: Jan 8, 2014
  6. Amsterdammer

    Amsterdammer Power Member

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    It looks fake but it is not. The letter is real and if you make money in any way form or shape they can just take the domain thru ICAN. If not and you feel like a court case: enjoy yourself. :)
    Source: Five minutes of Googling using a paragraph from that letter.

    EDIT: This is allowed. :p
    http://www.fbasshole.com/post/16529744438/facebully-post
     
    Last edited: Jan 8, 2014
  7. jstover77

    jstover77 Executive VIP Jr. VIP Premium Member

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    Hmm...interesting. Did you use an offshore registrar? Use a fake name? if not you should always when you are in this type of territory. I've never heard of companies sending out emails. Usually they will send a C&D certified mail. At that point it gets more interesting. But if the domain is making you money, keep banking on it until they cease it from you. They usually have to go through quite a lengthy process to cease it.
     
  8. jstover77

    jstover77 Executive VIP Jr. VIP Premium Member

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    Right, but who says his competition can't do a similar search on Google:) You have look deeper into it. What is the return email? mm-facebook.com looks strange. Check the IP it was sent from. Send them a return email, and tell them in order for you to take the domain down, you need them to send a legitimate Cease and Desist letter via certified mail. If they don't respond to any of these request, it's certainly a fake.
     
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  9. Amsterdammer

    Amsterdammer Power Member

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    I agree on the C&D by regular mail to make it official, but offshore will have no protection on a .com tld. It is usa property and us law applies. This won't even come to court for the domain name itself as they don't need a court case to take it from him... It will come in court for the money made.
    I also agree it looks fake, very fake, and any n00b can find it. It's even on chillingeffects. lol

    Erm, the domain it came from seems legit.

    Registrant Name: Facebook Inc
    Registrant Organization: Domain Administrator
    Registrant Street: 1601 S. California Ave ,
    Registrant City: Palo Alto
    Registrant State/Province: CA
    Registrant Postal Code: 94304
    Registrant Country: US
    Registrant Phone: +1.6505434800
    Registrant Phone Ext:
    Registrant Fax: +1.6505434800
    Registrant Fax Ext:
    Registrant Email: domain@fb.com

    Should I look deeper?
     
  10. iwantl00t

    iwantl00t Junior Member

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    [​IMG]
     
  11. Amsterdammer

    Amsterdammer Power Member

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    ^^ lolz!

    Anyways, I had my say, feel free to disagree as I am not the one affected by the outcome. :)

    Cheers.
     
  12. MiLiTARYiV

    MiLiTARYiV Senior Member

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    i say fake, if paypal is shooting off a letter for a domain you better believe they will have your name and info and they wouldnt be so calm about it

    Also at the end it is signed legal department,if it was real it would had been a name and company signed
     
    Last edited: Jan 8, 2014
  13. varitech

    varitech Junior Member

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    I have found numerous links with the excact same letter since 2009, even in this forum on another thread signed by the same person.

    Ethel never got a promotion it seems :p
     
  14. jstover77

    jstover77 Executive VIP Jr. VIP Premium Member

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    I would enjoy that immensely.....

    [​IMG]


    You are definitely right with the .com. As stated in my previous post, if this is the case, just keep banking off the domain until they take it.
     
  15. pxoxrxn

    pxoxrxn Supreme Member

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    I think this is fake. The person just loves Facebook and their famous Facebook trademark. If Facebook did webcam shows, this person would be front and center.
     
  16. Amsterdammer

    Amsterdammer Power Member

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    He could do that, true. OP wanted to know if it was real tho, and strangely enough it is.

    If you want it deep, you got to work it!

    [​IMG]

    (Also, it will set you back 150 bucks.)
     
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  17. Jet Lyfe

    Jet Lyfe Registered Member

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    I'm not really "banking" from that site anyway, so I took it down. I'd rather be safe than sorry in this situation.
     
  18. moneyfreedom

    moneyfreedom Regular Member

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    It is most definitely fake. Facebook would be able to hire people who can use grammar better than this.. also the domain that it came from, mm-facebook.com is probably just a domain that your competition bought so they can send bogus emails like this. A real threat letter would be from the lawyers email or from an @facebook.com email at least.

     
  19. web-sem

    web-sem Newbie

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    Is not fake email, see this:
    http://whois.domaintools.com/mm-facebook.com
    http://whois.domaintools.com/facebookbrand.com
    http://whois.domaintools.com/markmonitor.com

    I suggest you to shut down your domain.
     
  20. shezboy

    shezboy Jr. VIP Jr. VIP Premium Member

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    The from address is easily spoofed and means nothing at all. The letter is far too long and polite for me to take this as being legit. The overall tone is somewhat "friendly and nice".

    This part is just MY opinion and not advice that I am telling you to follow: Personally, if it was me, I'd just carry the hell on with what I was doing and wait for a letter from their legal team and then you can begin to consider your options.


    I received a C&D notice from FB's legal team some years ago it looked pretty real to me and it didn't beat around the bush. It sure wasn't as light and airy as the letter you pasted in your post. I ignored the notice and carried on doing what I was doing for a while and never heard anything else from them.


    Shez
     
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