1. Advertising
    y u no do it?

    Advertising (learn more)

    Advertise virtually anything here, with CPM banner ads, CPM email ads and CPC contextual links. You can target relevant areas of the site and show ads based on geographical location of the user if you wish.

    Starts at just $1 per CPM or $0.10 per CPC.

Facebook.com threatening to sue me?

Discussion in 'Legal Issues' started by bigbody300, Sep 4, 2009.

  1. arrisweb

    arrisweb Well-Known Member

    Messages:
    1,277
    Likes Received:
    48
    Best Answers:
    0
    Trophy Points:
    160
    #41
    Ask if they want to buy it from you...
     
    arrisweb, Sep 7, 2009 IP
  2. sarah_harvey

    sarah_harvey Active Member

    Messages:
    703
    Likes Received:
    35
    Best Answers:
    0
    Trophy Points:
    70
    #42
    Well here are cases where Mcdonalds lost.

    http://www.stuff.co.nz/oddstuff/2375349/McCurry-beats-McDonalds-in-Malaysia-lawsuit

    As far as McMunchies go...here is a great piece of information:

    http://www.inwap.com/u/joe/mcmunchies.html

    Seriously... Macdonalds is a shit burger establishment and personally they are treading on thin ice. The reason they can 'sometimes' win is because of money. But in the end they have no dominion in other countries hence why McCurry's won. Shows you... they shouldn't F*** with a Mc. lol

    Oh even better...I found this too:

    H.R. Pufnstuf / McDonaldland

    In 1973, Sid and Marty Krofft, the creators of H.R. Pufnstuf , successfully sued McDonald's, arguing that the entire McDonaldland premise was essentially a ripoff of their television show. In specific, the Kroffts claimed that the character Mayor McCheese was a direct copy of their character, "H.R. Pufnstuf" (being a mayor himself). McDonald's initially was ordered to pay $50,000. The case was later remanded as to damages, and McDonald's was ordered to pay the Kroffts more than $1 million.

    McDonaldland itself, as it was depicted in the commercials, was a magical place where plants, foods, and inanimate objects were living, speaking characters. In addition to being the home to Ronald and the other core characters, McDonaldland boasted "Thick shake volcanoes", anthropomorphized "Apple pie trees", "The Hamburger Patch" (where McDonald's hamburgers grew out of the ground like plants), "Filet-O-Fish Lake", and many other fanciful features based around various McDonald's menu items. In the commercials, the various beings are played by puppets or costumed performers, very similar to the popular H.R. Pufnstuf program.

    McDonald's had originally hoped the Kroffts would agree to license their characters for commercial promotions. When they declined, McDonaldland was created, purposely based on the H.R. Pufnstuf show in an attempt to duplicate the appeal.

    After the lawsuit, the concept of the "magical place" was all but phased out of the commercials, as were many of the original characters. Those that remained would be Ronald, Grimace, The Hamburglar, and the Fry Kids.

    and this....

    Viz top tips (UK)

    In 1996, British adult comic Viz accused McDonald's of plagiarising the name and format of its longstanding Top Tips feature, in which readers offer sarcastic tips. McDonald's had created an advertising campaign of the same name, which showcased the Top Tips (and then suggested the money-saving alternative - going to McDonald's). Some of the similarities were almost word-for-word:

    "Save a fortune on laundry bills. Give your dirty shirts to Oxfam. They will wash and iron them, and then you can buy them back for 50p." – Viz Top Tip, published May 1989.

    "Save a fortune on laundry bills. Give your dirty shirts to a second-hand shop. They will wash and iron them, and then you can buy them back for 50p." – McDonalds advert, 1996

    The case was settled out of court for an undisclosed sum, which was donated to the charity appeal Comic Relief. However, many Viz readers believed that the comic had given permission for their use, leading to Top Tips submissions such as: "Geordie magazine editors. Continue paying your mortgage and buying expensive train sets ... by simply licensing the Top Tips concept to a multinational burger corporation."

    http://findarticles.com/p/articles/mi_m3190/is_50_35/ai_80748716/

    It goes to show you that they DO NOT always win and they cannot be the major player everywhere. As far as the Mc stands... it originates from Scotland and belongs to the ancient McDonald Clan. So if you think a business has more right than they do then you are wrong. 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. Same with twitter...as I said if you associate yourself with the site's design and logo then sure, but if you want to 'twitter' away about news and anything else then 'twitter' can't stop you. That is what I meant and it is still the truth.

    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.
     
    Last edited: Sep 7, 2009
    sarah_harvey, Sep 7, 2009 IP
  3. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    310
    #43
    You haven't the slightest clue about trademark infringement. You are posting idiotic advice in a legal section. Everything you have posted is wrong and should be ignored.
     
    mjewel, Sep 7, 2009 IP
  4. Dave Zan

    Dave Zan Well-Known Member

    Messages:
    2,320
    Likes Received:
    121
    Best Answers:
    2
    Trophy Points:
    115
    #44
    It's already been stated that won't do any good, especially if it's a .com. Read
    up on Uniform Dispute Resolution Policy if you're up to it.

    And folks, the OP already stated what s/he did. This thread is practically moot
    and academic, so everyone can move along now.

    Oh, and maybe a mod can lock this up since the OP's latest post?
     
    Dave Zan, Sep 7, 2009 IP
  5. jezzz

    jezzz Notable Member

    Messages:
    4,884
    Likes Received:
    190
    Best Answers:
    0
    Trophy Points:
    200
    #45
    I think you had used the term "facebook" in your domain. Also using Trade Mark names termed as illegal
     
    jezzz, Sep 7, 2009 IP
  6. crumblepie

    crumblepie Well-Known Member

    Messages:
    2,612
    Likes Received:
    42
    Best Answers:
    0
    Trophy Points:
    160
    #46
    I received the exact same e-mail from them for one of my unused domains. I found it surprising, considering I've come across multiple developed websites using the word facebook in the domain. What I did was to agree and confirm that I would let the domain expire.
     
    crumblepie, Sep 7, 2009 IP
  7. BW1

    BW1 Well-Known Member

    Messages:
    252
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    105
    #47
    What about sites like:

    www.gumtreesucks.com
    www.paypalsucks.com
    www.ebaysucks.com

    (www.facebooksucks.com gets a slightly different response)

    I thought as long as you mentioned on the top of the site that you were in no way affiliated with the company that you could get away with it. But I guess it all boils down to who has the biggest lawyer or in their case lawyers.
     
    BW1, Sep 7, 2009 IP
  8. Dave Zan

    Dave Zan Well-Known Member

    Messages:
    2,320
    Likes Received:
    121
    Best Answers:
    2
    Trophy Points:
    115
    #48
    Sucks sites can be more convincing if they have zero sign of commercial use,
    although PayPalSucks is exceptional because they're prepared to fight all the
    way. A disclaimer may or may not help, combined with other things.

    Truth is, it's all case to case. And yeah, it depends who can afford better lawyers.
     
    Dave Zan, Sep 7, 2009 IP
  9. nitrogen77

    nitrogen77 Active Member

    Messages:
    1,276
    Likes Received:
    16
    Best Answers:
    0
    Trophy Points:
    80
    #49
    So i guess your Avatar of "Respect not Authority" will have to change...
    lol
     
    nitrogen77, Sep 7, 2009 IP
  10. coolcode007

    coolcode007 Well-Known Member

    Messages:
    1,122
    Likes Received:
    22
    Best Answers:
    0
    Trophy Points:
    148
    #50
    make sure the email is actually from facebook or any legal entity representing facebook (give a ring or similar). if so give it away asap, its a 100% trademark violation which they can ask for compensation if they go legal :)
     
    coolcode007, Sep 7, 2009 IP
  11. SmallPotatoes

    SmallPotatoes Peon

    Messages:
    1,321
    Likes Received:
    41
    Best Answers:
    0
    Trophy Points:
    0
    #51
    http://news.bbc.co.uk/2/hi/asia-pacific/8243270.stm

    Good ol' McCurry! They're just a few minutes from here. It's really not that special a restaurant but everyone's proud of them for taking the fight all the way. It's pretty transparent that the contrived "Malaysian Chicken Curry" tagline, which was added after the lawsuit, is a sham, and the name was a clear knock-off of McDonald's, but there's something about seeing the little guy stick it to the man once in a while.

    If nothing else, by pursuing this case for so long, McDonalds did give them a tremendous amount of free publicity at the direct expense of their own trademark.
     
    SmallPotatoes, Sep 8, 2009 IP
  12. Pixelrage

    Pixelrage Peon

    Messages:
    5,083
    Likes Received:
    128
    Best Answers:
    0
    Trophy Points:
    0
    #52
    Common sense dictates that you can't use a trademarked company name in a domain for a commerce site... doesnt matter where in the world you are if they have an international trademark on it...
     
    Pixelrage, Sep 8, 2009 IP
  13. giorgioarmani

    giorgioarmani Well-Known Member

    Messages:
    2,633
    Likes Received:
    40
    Best Answers:
    0
    Trophy Points:
    160
    #53
    It does appear you are treading on thin ice here, but what about allfacebook.com?

    Have you put content on your site?
     
    giorgioarmani, Sep 8, 2009 IP
  14. syd13

    syd13 Peon

    Messages:
    134
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #54
    i think yes,, what facebook is a trademark ?
     
    syd13, Sep 8, 2009 IP
  15. Brandon Sheley

    Brandon Sheley Illustrious Member

    Messages:
    9,721
    Likes Received:
    612
    Best Answers:
    2
    Trophy Points:
    420
    #55
    you should of expected this when you purchased that domain ;)
    change domains and you'll be fine
     
    Brandon Sheley, Sep 8, 2009 IP
  16. googledaily.com

    googledaily.com Peon

    Messages:
    285
    Likes Received:
    3
    Best Answers:
    0
    Trophy Points:
    0
    #56
    Read this case study
    this may help you

    http://en.wikipedia.org/wiki/Microsoft_vs._MikeRoweSoft
     
    googledaily.com, Sep 10, 2009 IP
  17. googledaily.com

    googledaily.com Peon

    Messages:
    285
    Likes Received:
    3
    Best Answers:
    0
    Trophy Points:
    0
    #57
    what about facebookzone.com??youtube.com and porntube.com..what about 4shared.com and 2 shared.com, orkutoxy.com and orkut.com?????
    you get a better argu against them.. say them that your domain name is not "Cutomized facebook.com"" say them that you dont intend to use "customized Facebook" two words..instead you are using "Cutomizedfacebook" a single word..if it looks like facebook or the word facebook come in pronunciation, then its not your fault..

    Remember say them that you are using a single word "customizedfacebook"..not "Customized FAcebook" right?
     
    Last edited: Sep 10, 2009
    googledaily.com, Sep 10, 2009 IP
  18. googledaily.com

    googledaily.com Peon

    Messages:
    285
    Likes Received:
    3
    Best Answers:
    0
    Trophy Points:
    0
    #58
    google is using facebookzone.com..now is facebook going to sue google????????????
     
    googledaily.com, Sep 10, 2009 IP
  19. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    310
    #59
    Judging by your website name, it's obviously you haven't the slightest clue about trademark infringement. It doesn't matter if you call it a single word or not... stop posting idiotic theories that have absolutely no legal basis.

    You should also read the adsense tos before your account is banned and they keep any money you may have made.
     
    mjewel, Sep 10, 2009 IP
  20. pagoodi

    pagoodi Member

    Messages:
    62
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    43
    #60
    You better find yourself a damn good bunch of lawyers
     
    pagoodi, Sep 10, 2009 IP