Facebook.com threatening to sue me?

WHOA

I never knew something like this could happen.

 

Buy customizefb.com domain and redirect your current domain to that one.
Put disclaimer like this on website:
"This website is not affiliated with, sponsored by, or endorsed by Facebook.com. Therefore any violations, the owner of the blog is not liable."

No legal problems, no offshore servers - nothing. Done story.

 

Best answer to this is written below by noobpreneur

All the best with retaining your rankings

 

I am 100 % agree with mjewel

 

yeah ouch. tell them you'll discontinue using the domain.

 

It's not worth the trouble . They probably would win any case since they are such a big company now.

 

Wrong. Redirecting an infringing domain is not going to make the legal liability go away, nor will a disclaimer.

 

This is just a standard C&D letter....just take the domain down, it was a dumb idea to register a domain with a TM'ed company name in it to begin with.

 

Id tell them to f**k off. They have no business telling you what you can and cant do.

 

I'll buy the domain off you for $20. I couldnt care less about Facebooks threats

 

I think you just got owned... have you ever been to allfacebook.com ? They have much more traffic than you (alexa rank 12k), and manage to operate an unofficial website about facebook. Your competitor has a solid argument but I doubt the email actually came from facebook.

 

Trademark law is pretty clear - Facebook can and must police use of its trademark, so yes, they can tell you what to do. And if you don't they can sue you for lots of money if they choose.

Just because one site using the same term hasn't been taken down doesn't mean that this was a bogus request. Facebook does indeed have the right to take away his domain and even sue him for damages if they want to. Is it worth the cost of registering a new domain to risk it?

 

you are using their name in your domain and site.. they are right

 

It seems some people on here have no clue...especially mister california that didn't read any of the cases where McDonalds lost- but thought I talk shit... perhaps you should go read about the McDonald clan dude... get some insight into scottish culture and history... but of course some americans know jack s*it about the rest of the world.

Also do not try and assume that McCurry's ripped off McDonalds for the other person that replied... they didn't...hence why they won the court case. Just because someone uses the word 'Mc' in their name doesn't mean they want to be McDonalds...seriously...then every 'Mc' person with the surname out there will get sued... shows you how some people think. It was proven that McDonalds did not own the rights to the word 'Mc' and can only sue someone successfully if the establishment uses their trademark and open a similar place that offer fries, hamburgers etc. Here is an extract which was interesting:

In 2001 McDonald's lost a nine-year legal battle against McChina Wok Away, a Chinese takeaway in London, and in 2004, McDonald's lost a trademark-infringement suit against a Singaporean firm that had used names like MacNoodles, MacTea and MacChocolate.

So imagine that... shows you. If someone is dumb enough to imagine that McDonalds owns the right to the name, you are mistaken. End of story.

But besides the point... I own the site aiononlinegame.com... am I infringing on trademark?

Hell no.

It's as legit as it can get believe it or not. ^__^ And the word aion belongs to the game.

 

Whoa guys we are forgetting one thing here, FaceBook.com does not own the trademark "facebook"
there have been many lawsuits over this and the outcome of the lawsuits was that no one owns the trademark name facebook. look it up in google and email facebook back and say hey, sorry you dont own the trademark, cant do anything for you. Besides why you hating on a site that benefits yours?

 

You are an idiot. First, McDonalds is the trademark. Infringement does not have to be exact. McDonalds tried to make a case that these other names, while it didn't include their exact trademark, were confusing - and they weren't successful in this case. So they lost, and the other side spent hundreds of thousands of dollars in legal fees to keep their name. There is absolutely no chance McDonalds would have lost had the name "McDonalds" been used. They own the word in the food business. Their trademark is not contestable - their rights are cast in stone, period. Your argument was that they did not own "McDonalds" - and you were wrong, period.

Second, your domain "aiononlinegame.com" is positively trademark infringement. You couldn't find a single IP attorney who would say different. Now the trademark owner may or may not wish to do something about it - but the FACT remains that they can take it anytime they wish with a simple WIPO filing. They could also sue you, but people like you never have a nickel to their name so that is probably unlikely.

Stop your posting nonsense - your trademark experience is limited to some article you read - which you incorrectly stated the facts.

 

More nonsense. First, you don't have to have a registration to own a trademark, but that isn't the case with facebook anyway.

From USPTO.gov



Word Mark FACEBOOK
Goods and Services IC 035. US 100 101 102. G & S: Providing an online directory information service featuring information regarding, and in the nature of, collegiate life, general interest, classifieds, virtual community, social networking, photo sharing, and transmission of photographic images; advertising and information distribution services, namely, providing classified advertising space via the global computer network; promoting the goods and services of others over the Internet; providing on-line computer databases and on-line searchable databases in the field of classifieds

IC 038. US 100 101 104. G & S: Providing online chat rooms and electronic bulletin boards for registered users for transmission of messages concerning collegiate life, general interest, classifieds, virtual community, social networking, photo sharing, and transmission of photographic images; providing on-line computer databases and on-line searchable databases in the field of transmission of photographic images and provision of on-line forums for communications on topics of general interest

IC 041. US 100 101 107. G & S: Providing on-line computer databases and on-line searchable databases in the field of collegiate life, photosharing and video sharing

IC 042. US 100 101. G & S: Computer services, namely, hosting online web facilities for others for organizing and conducting online meetings, gatherings, and interactive discussions; and computer services in the nature of customized web pages featuring user-defined information, personal profiles and information; providing on-line computer databases and on-line searchable databases in the field of virtual community

IC 045. US 100 101. G & S: Internet based introduction and social networking services; providing on-line computer databases and on-line searchable databases in the field of social networking
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 78920322
Filing Date June 29, 2006
Current Filing Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) Facebook, Inc. CORPORATION DELAWARE 156 University Avenue Palo Alto CALIFORNIA 94301
Attorney of Record Anne H. Peck
Prior Registrations 3041791;3122052
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

 

You should have make it with Twitter...as it is an open source and would never have any problem. facebook is not a good idea. I checked your site...you are just providing some information, it does not necessarily have to offend someone. But facebook is really strict in terms of that.

 

First off all...you obviously can't read. Have I ever stated that the whole word McDonalds is in question? Hehe.... you are really idiotic yourself. Stupid USA-person-ness lol.

I did however state that a part of the word -Mc- is in question... they keep suing companies over that..they do not have the monopoly... so quit making an ass of yourself.

Oh, and I was waiting for the whole- your domain is infringing on copyright.

Mine isn't. *laughs* Here you will make a complete fool of yourself. Let's see if you figure this one out. Oh, while you are at it...head on over to the the official website: aiononline.com and see if you can find my beautiful website listed on theirs. Tell you what... if you find it...I will give you a cookie. Not sure what flavour you like, but chocolate flavoured smothered in some real caramel sounds good.

As for having a nikel to my name... sorry...I don't deal in your currency. But if you are talking Pounds or South African rands... yeah I have lots of it to my name. Unlike some people on this forum... I do work for a living. Probably what you do is spend your life on this forum in any case.

But let's not get ahead of ourselves...here are several sites that are successfull and still running today...

facebookinsight.com
facebookforparents.com
insidefacebook.com
sickfacebook.com
whyfacebook.com
startfacebook.com

etc. My opinion... sure the word facebook can be sued for... but in the end if all these sites exist... then go ahead and use the domain. Or better yet, get permission from facebook to be a site dedicated to everything about facebook

 

"First off all...you obviously can't read. Have I ever stated that the whole word McDonalds is in question? Hehe.... you are really idiotic yourself. Stupid USA-person-ness lol."

Your quote:

"As long as no one infringes on the actual sign they use they can and will be able to use the name McDonald any way they wish..."

http://forums.digitalpoint.com/showpost.php?p=12418966&postcount=42

You're so stupid you can't even remember the nonsense you post.

Then you posted:

"Oh, and I was waiting for the whole- your domain is infringing on copyright."

The true sign of someone who has no clue of what they are talking about. Names are not copyrighted, they are trademarked. Learn the difference before you make a fool out of yourself again.

"Oh, while you are at it...head on over to the the official website: aiononline.com and see if you can find my beautiful website listed on theirs. Tell you what... if you find it...I will give you a cookie. Not sure what flavour you like, but chocolate flavoured smothered in some real caramel sounds good."

Your domain is trademark infringement unless you have express permission from the company to use it. Having it listed on their site does not grant permission. You stated that your domain was not infringement and said nothing about being granted permission to use it. If they have granted you permission, that is obviously a material omission and makes your original statement misleading.


"The word apple is perfectly legal in any domain name as it refers to a damn apple. Not the company. Don't be so idiotic.

If you start to use the company's logos and anything else associated with them then sure, but otherwise...heck no.

Facebook is different. That is a made up word that is trademarked that you do not find in a dictionary. That can be sued for."

http://forums.digitalpoint.com/showpost.php?p=12418966&postcount=42


Apple is a strongly protected trademark. Any dictionary word can be trademarked. This isn't a guess, it's a fact - the trademark exists and infringement relies on usage. See if you can find out how many trademarks exists on "Apple" - or "Amazon".

I suggest you spend some time researching trademark law - it should help you in the future to not make such a complete fool of yourself AGAIN. Until then, you've been owned.