buzqeshu.com - Notice of Facebook Trademark Infringement†From: Sent: Friday, June 11, 2010 1:00:48 AM To: We are writing concerning your registration and use of the domain name buzqeshu.com, 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 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 in the United States and internationally, including 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 buzqeshu.com. As we hope you can appreciate, protection of its trademarks is very important to Facebook. Your registration and use of buzqeshu.com 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 buzqeshu.com 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 buzqeshu.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. 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. ====================================== Hello I get this message from facebook.com I don`t know what to say?!!! An explanation: Name: buzqeshu.com is Albanian Term Albanian to English: buz = Lips & qeshu = laugh Albanian= buzqeshu.com English = Lipslaugh.com I don`t see name similar to facebook.com The portal is buy from phpfox.com To say the design is open source is get from here: http://greenappleuk.com/services/templates/phpfox-templates/ Please any Suggestions
I don't understand how the name buzqeshu.com is related to Facebook.com - is there another interpretation of the name or something?
You should reply back to them refusing their demand. Explain to them the translation of the domain name in Albanian to English. State that neither "lips" "laugh" "qeshu" or "buz" are trademarks of Facebook. Hence the domain name is not breaching copyright laws of any sort. Also say that you would 100% FULLY comply if ""lips" "laugh" "qeshu" or "buz" are words commonly referenced in relation to Facebook, but that is not the case, and hence the domain name again is not breaching any law. With that aside, they CAN NOT take your domain name from you, even if they do take legal action But your using a site that looks similar to what Facebook looks like. So remember to cover yourself. Tell them that your website is based on a open source script freely available for all which is protected by a GNU license. At no point has any code been copied from the original facebook website, nor has "Facebook" brand or any other derogatory terms been placed/referenced or stated on your site. Say that unless they can prove that the "Facebook" brand or any of its common names have been used on the website, or the domain, then you shall be taking legal action against them for harrasement. This should get Facebook off your back. If they still insist, then do as I say, and take legal action against them for harrasement. It's cheap in a small claims court, and you could make alot of money for doing so. Kind Regards Alex
If you've read my post above then you would understand how I propose he deal with the situation. Regards Alex