Any facts to back that up? Hmm? Consider yourself lucky for now that NCsoft doesn't disagree with you. Rather amazing some folks have nothing to do other than maybe post such a bunch of unfounded nonsense...on a thread that's already moot since the OP had already resolved the issue.
He's probably thinking of this lawsuit, where Aaron Greenspan (Think Computer), one of the former Harvard classmates of Facebook founder Mark Zuckerberg, sued to have Facebook's trademark cancelled. The outcome of that case, however, was that they settled earlier this year: Greenspan got millions of dollars, in return for dropping the case with the Trademark Office to get Facebook's trademark revoked. The bottom line: Facebook still has its trademark
Probably, Nonny. And I guess PGM's the one who anonymously left me a red mark. Unfortunately s/he/it's still wrong.
same email for me: but I found this email in my gmail spam box. why?? I replied them to confirm the email.... now I wait
Well, GMail really thought their email is spam. Goes to show it isn't always true or accurate, although IMHO they have among the best filters. In fairness, that email is tame. You should see similar letters from other parties that are far worse than that. And I seriously doubt Facebook will "compensate" you for that registration. I've yet to read of them doing so for whatever reason, and they're not required nor obligated to do that.
then the last point is: close it and wait the expire time? PS: I am not from US and the domain is not registered to me but on fake info
If you have serious concerns, you should go talk to a real attorney. You can sometimes use names if you are selling a product for that item. Could you image trying to sell tires for a Ford Mustang, and not being able to use the name "Ford Mustang" in the advertising? There is this thing called fair use. But to know if your case is fair use or infringement, you should go talk with an attorney.
You cannot use a trademark in a domain name for selling products under fair use. One of the tests for fair use is if the usage has a commercial nature. Any type of monetization of a site (including advertising or donations for bandwidth) is going to disqualify a fair use claim. You really don't want to spend tens of thousands of dollars trying to argue "fair use" on a newly registered domain. I think you are confusing using a trademark in your text copy with use in a domain name.
http://www.eff.org/issues/bloggers/legal/liability/IP That is under the "Questions About Trademark" section about 3/4 way downt he page ---------------- If you can not use a trademarked name in a domain name, could you image how many fan sites would be taken off line? Who knows how many football, baseball, cars, truck sites,,,,, and everything else would disappear overnight. ---------------- Now I'am not a lawyer, but in my opinion, you can use trademarked names in certain cases.
"Sucks" type of sites can fall under "free speech" because of the "likelihood of confusion" issue - i.e. a consumer isn't likely to confuse "facebooksucks" as a site run by the trademark holder. Putting ads or selling something allows them to take the site if the company wishes (plenty of case law showing this happens). It doesn't matter what you "think" should be allowed - or how many other sites are infringing upon a trademark (it isn't a legal argument). You can't use a trademark in a domain to sell or offer a product of the trademark holder, period. There is no fair use. If you want to talk about operating a "sucks" site or a bonafide fan site that has no commercial benefit whatsoever, then that is something different. No one here is talking about that. The domain in question is clearly infringement. There is zero chance of keeping the domain if the tm holder decides they want it. There is no grey area - it is clear cut. The poster can certainly consult with an ip attorney. A good one will charge $350 an hour and up - and this comes from someone with 15 years of trademark experience, and a few dozen legal actions.
For the person with the Aion domain, aslong as you're not using that website to Phish/Scam, or sell Aion-based products, I think you'll be fine.
but what do you think about my proxy site: howunblockfacebook.com ??? I seen a lot of proxy that use facebook in the domain
You domain is using a trademark owned by someone else - that's trademark infringement. Who cares if someone else is doing it, they are coming after you. If the email is genuine (and I would guess that it is) drop the domain or turn it over to them. Don't ask for money, just be thankful they don't sue you.
This does constitute trademark infringement. Ask FaceBook team to confirm that the mail was sent by them and if they do, I do not think that you have much choice than to let the domain name expire(...) However, it looks like it's just the domain name that they dont seem to like I little off topic: This type of thread only makes me like Google because Google is a trademark of Google Inc. too and there are hundreds of sites using Google in their domain name...Google doesn't even care
Check this out: http://en.wikipedia.org/wiki/Trademark#Wrongful_or_groundless_threats_of_infringement "It is important to note that although there are systems which facilitate the filing, registration or enforcement of trademark rights in more than one jurisdiction on a regional or global basis (e.g. the Madrid and CTM systems, see further below), it is currently not possible to file and obtain a single trademark registration which will automatically apply around the world. Like any national law, trademark laws apply only in their applicable country or jurisdiction, a quality which is sometimes known as "territoriality"
ICANN follows US law - and the Internet blurs the lines of trademarks because you are going to have US visitors - which makes it infringement. According to US law, you do not even have to register your trademark to have rights. Again, it doesn't matter where you host you domain, or where it is registered. It doesn't make it any harder to take a domain in a WIPO action. If you actually live in a country that doesn't recognize the Madrid Protocol, it might make it harder to sue someone, but not take the domain.
As mjewel noted there is a difference whether you can be sued or whether the domain can be taken. In both cases you loose the domain. I wonder though if for example the name is : xxxx-facebooks.com, xxxx-facebooking. Is this considered copyright infringement by facebook?
Shame. Tsk. Tsk. Perhaps you will never get it. If I wanted to use the word 'apple' in the following domain: www.uniqueapplediet.com.... I really do want to see how you will get out of this Mr. California. Oh, Beatles actually own Apple Records, so if anyone will get sued, it will be by them. Not Apple if someone decided to use the word in a domain and it linked to music in any form. Beatles got a nice sum of $50 million. I am sure *sarcastic tone* the company Apple will flame me to the depths of hell for using a word called Apple. Geez... you must be a kid if you do not understand what I am saying. I never received permission to have my site either.. so go explain all you want. You look like the idiot here. I am a gamer and having a fan site is perfectly legal with tons of gaming companies. Wow...I bet you didn't know I have several domains that are similar and touch base on Rohan Online, Guild Wars etc. Try and explain yourself out of this one. But for us gamers, there is only one explanation that works and is the sole truth. A game and it's fans walk hand in hand. The one cannot exist without the other. It is the same in the anime industry. A game or anime series is nothing without the people playing or watching it. Of course it is totally wrong if you use them to sell your own products. Gosh... I would have to be an idiot like so many people on this forum that register a domain and try to sell products based on the popularity of other games or series. Hence why I don't. I didn't need permission from Aion to have my domain. I did have to display a little copyright notice on my site that points to the original site. Tons of sites do this, and as long as some idiot isn't abusing it for their own stupid greed, then it is fine. Of course facebook has a right to their name. Perhaps all these people that have these facebook domains are infringing on their trademark by displaying it somewhere on their site or even better... trying to make money. So when you argue with me mjewel, you are looking really pathetic. I am the first to agree that using a domain for stupid greed is a waste of time. But perhaps that is why you are offended or do not understand what I am saying... perhaps you are one of those countless 'business individuals' that sell products. Well looking at your account...I would gather you are a) A kid trying to make it or b) Just another useless spammer. I bet you sell crappy digital products or try to convince people. I don't pretend to be anything that I am not. Have fun. p.s. You overlooked the most important fact of my other post as well.. you still cannot explain why all the domains I have listed has not been taken down, yet other people from this forum receive notices. Perhaps there is something called 'uncontrollable greed' that happens with some people that try and use the word 'facebook' in their domain. I am sure if you asked facebook if you could have a site on xyz info, then they will be happy with it. As long as you don't use their logo on their site or do things that point to you as an authority site.