This is one of the most entertaining threads I have ever read and it really deserves a poll. Voters should identify themselves as either lawyers or not. May I suggest - Lawyer - You can Win Lawyer - You can't win Lawyer - You could win if you pay me enough Lawyer - I'll do it pro bono Non-Lawyer - You can win Non-Lawyer - You can't win Non-Lawyer - I don't know Lawyer - I don't know either
I agree with SCLocal. I have never recieved an email like that before, but all the same, you should definetly make sure that the email is coming from Facebook and that it is not a scam. I will have to look this up, but a friend of mine on another site gave me a link where you can check if certain emails you recieve are a scam or not. I remember this because I got an email supposedly from MSN once about them shutting down MSN if people didn't pass the email along to contacts. And the friend in question gave me a link to check out if the thing was a scam or not. Sure enough, it was. It was like http://www.scopes.com or something like that. I'm going to have to look it up for sure.
maybe the best solution is close the site, and open new without the wrod facebook, only fb or something like that
actually they can't really do anything legally besides file an icann dispute to get the domain name released, which might fail; or bully you into selling it or shutting it down/letting it expire - which is what they're doing now i would consult an inexpensive lawyer and not post or talk about it any on DP (Non-Lawyer - I don't know, research icann dispute policies for potentially trademark infringing domains, it's on the icann website and theres a published policy on it already, you can also research how legal disputes on these issues were handled in the past to get an idea of what your strengths and weaknesses are so you can make the best out of it)
They have a whole legal team that has nothing better to do than exactly this... talk to a lawyer and see what they say about what facebook wrote.
Excepts from, Uniform Domain Name Dispute Resolution Policy (As Approved by ICANN on October 24, 1999) General Information All registrars must follow the the Uniform Domain-Name Dispute-Resolution Policy (often referred to as the "UDRP"). Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider. To invoke the policy, a trademark owner should either (a) file a complaint in a court of proper jurisdiction against the domain-name holder (or where appropriate an in-rem action concerning the domain name) or (b) in cases of abusive registration submit a complaint to an approved dispute-resolution service provider (see below for a list and links). ... 4. Mandatory Administrative Proceeding. This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/udrp/approved-providers.htm Code (markup): (each, a "Provider"). Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that (i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and (ii) you have no rights or legitimate interests in respect of the domain name; and (iii) your domain name has been registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three elements are present. http://www.icann.org/en/udrp/udrp-policy-24oct99.htm#4a Code (markup): So this is the policy on domain names. I used to work at a registrar so I know how this works. When they file a dispute in court it will initiate a UDRP.
In would not take it down until you actually talked to someone and made sure it wasn't a scam. Ask for details, a phone number, etc.. I don't really think facebook would care about a website as inferior as yours. Honestly, Leave it up until you talk to facebook yourself. And if it is facebook, that is bullshit.
You obviously don't know how it works. You can file a UDRP, or you can just sue in Federal court. They are two separate actions that are not directly related. A URDP is the quick and cheap way to do it, but you don't get damages. Even if you win, the other party can still file a lawsuit. A lawsuit will set you back a fortune to defend and subject you to treble legal fees and damages.
Well, Microsoft and Exxon were fined by government regulatory agencies for a series of violations. Yet they're still in business. Besides, what legal suit has Facebook lost so far as I've yet to find any as of this post? Sure they've been sued in California and Canada, but they have not lost those legal suits for the time being. Maybe they'll lose, maybe they won't. But what do those have to do with this discussion on their sending a C&D to someone whose domain has their mark? Oh, and in case some folks are just too damn lazy to read through the thread: Interestingly the domain name hasn't been seemingly transferred to Facebook yet. Maybe he agreed to let it drop, who knows?
The best idea is that he should acquire a domain fbcustomized.com or net or org etc..and ask facebook to give him a month to redirect his traffic to new domain...
Wow.. I hate legal-threats like this. I mean, that they can "control" so much, or at least, they think that they can.. Hmm, if you don't have the time, money, or encourage to go forward with this to a court etcetc. Try to sell the domain to them if they want? They are rich, and will probably and hopefully give you a nice little earning . Update us! Good luck.
Like I said, first make sure it is even facebook and not a competitor or someone to that sort trying to mess with you. I really don't think face book would care to take action on some small site like that. If they do, simply put a hyphen between face and book so face-book. Those are 2 separate words that are both in the dictionary. If it is actually facebook, I wouldn't let them bully you like that. On the real.
(You don't think, that's the problem. Just kidding there. Put the knife down.) OTOH, it can be a problem if Facebook sees fit to deal with things like this no matter how big or small. No idea if the OP had subsequently verified the email with them, but it's solely for them to decide whether to take action no matter what other people think. And there are various decisions where a hyphen, an extra letter, even a word didn't get around infringement. The trademark holder had to demonstrate that in UDRP or court, but that isn't a problem for some who can afford it. You can ask Microsoft and Google for such samples.
I wish people who know absolutely NOTHING about trademark law would stop posting STUPID solutions. A hyphen means nothing - it's still trademark infringement. And only the clueless think that dictionary words can't be trademarked - they most certainly can. Words like Apple, Amazon, Classmates, Craftsman, Whirlpool, etc. It the usage that determines whether or not common words can be trademarked.
They are FACEBOOK. They shall assimilate you. Resistance is futile. You should do what they say. If you fight against them you can only loose.