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Facebook.com threatening to sue me?

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

  1. kidding

    kidding Peon

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    #81
    You cannot use trademarked names in your domain name .Say you cannot register adobestore.com or applestore.com . So this would create a impression on the user that the domain belongs to the original Adobe or Apple . Actually hosting companies are not allowed to register trademarked domains . So I suggest you to let it expire .
     
    kidding, Sep 13, 2009 IP
  2. gman2319

    gman2319 Peon

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    #82
    so...does it mean i cant use facebook in any domain name? Seems pretty unfair to me......am speaking from a total layman's pov.
     
    gman2319, Sep 13, 2009 IP
  3. downloadvyp

    downloadvyp Peon

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    #83
    well,"Facebook" is their trademark,but if you put another words next to it,it should be no problem.they don't have the right over all the words that contain "facebook" ,right? same is for google,and i know lot of domains that contain "google" .so,as long as your domain is not a registered trademark,there is no problem
     
    downloadvyp, Sep 13, 2009 IP
  4. mjewel

    mjewel Prominent Member

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    #84
    Everything you posted is wrong. I suggest you read the entire thread.
     
    mjewel, Sep 13, 2009 IP
  5. wanay11

    wanay11 Well-Known Member

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    #85
    customefacebook doesn't similar with facebook! They should not sue you mate.
     
    Last edited: Sep 13, 2009
    wanay11, Sep 13, 2009 IP
  6. Dave Zan

    Dave Zan Well-Known Member

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    #86
    Why not? It bears facebook, and lots of legal and administrative decisions do
    indicate it can be considered infringement even if you add another character
    or word to it such as Verizon going after typos of their mark if you search.

    You might want to read the entire thread as mjewel said. But I do guess some
    folks are probably lazy to read, and thoroughly at that.
     
    Dave Zan, Sep 13, 2009 IP
  7. wanay11

    wanay11 Well-Known Member

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    #87
    wanay11, Sep 13, 2009 IP
  8. Dave Zan

    Dave Zan Well-Known Member

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    #88
    If I shoot a man to solve my property dispute with him, will you do the same?
    Or will you go to court instead?

    How one party deals with an issue doesn't dictate how another should handle
    it. Facebook sent a C&D to the OP and since seemingly resolved the problem,
    while DigitalPoint's folks can do what they see fit with that sale as soon as it
    is reported to them.
     
    Dave Zan, Sep 13, 2009 IP
  9. extraspecial

    extraspecial Member

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    #89
    well if you are in USA or Canada you might get really in trouble, otherwise just the domain or hosting would get in trouble... and it looks like you are in Canada, so better close the site...
     
    extraspecial, Sep 13, 2009 IP
  10. mjewel

    mjewel Prominent Member

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    #90
    Wrong. It doesn't matter where you live or where you host, a WIPO can take a domain.
     
    mjewel, Sep 13, 2009 IP
  11. googledaily.com

    googledaily.com Peon

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    #91
    i suggest you not to close your site ..until your last attempt of negotiation. keep negotiating if there is any solution..facebook bought a domain facebooksuck.com
    ask them if they buy yours ;)
    Its a premium domain name that you are having :)
     
    googledaily.com, Sep 14, 2009 IP
  12. googledaily.com

    googledaily.com Peon

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    #92
    yeah I have posted a list back in thread containing Google world..
    also i found some other sites
    googleit.com
    googleshop.com
    googles.com

    Aslo you know how much google inc is strong..so copyig their domain is not really gonna affect them.
     
    googledaily.com, Sep 15, 2009 IP
  13. Nonny

    Nonny Notable Member

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    #93
    It's a really bad idea to ask Facebook for any money or to try to "negotiate" without the advice of an attorney. Facebook could use the fact that you asked for money as evidence that you registered the domain in bad faith.

    This is what WIPO says:
    http://www.wipo.int/amc/en/domains/search/overview/index.html#36
    At this point, your options are limited:

    - You can keep the domain and hope that Facebook doesn't sue you or, at the least, have the domain transferred over to them

    - You can hire an attorney and prepare to fight Facebook (which almost certainly would be an expensive losing proposition)

    - You can take your site down and transfer the domain to Facebook and move on

    Listen to what mjewel and Dave Zan are saying, even if it's not what you want to hear. If you don't believe them, spend a couple of hundred dollars consulting with a trademark attorney face-to-face (your business is worth at least a few hundred dollars, right?).

    The question for you is whether you are willing to risk building a business using someone else's trademark, knowing that it could be taken away from you at any time. Domain names are cheap, and I'd say it's not worth it.
     
    Nonny, Sep 15, 2009 IP
  14. Nonny

    Nonny Notable Member

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    #94
    "Some other people are also infringing Google's trademark too" isn't really a good legal argument.

    And if you look at Googles.com, it clearly has nothing to do with web search or any other Google apps. Also, the domain has been registered since 1997, so it doesn't fall into the same category as recently-registered domains that are clearly trying to ride on Google's coattails.

    Just as counterpoint, here are some recent cases where Google took the domain that was infringing its trademarks:

    (google-milhas.com) http://domains.adrforum.com/domains/decisions/1272139.htm

    (googlewebmarketing.com) http://domains.adrforum.com/domains/decisions/1275521.htm

    (googleprofiles.com) http://domains.adrforum.com/domains/decisions/1267626.htm

    (googlegameroom.com) http://domains.adrforum.com/domains/decisions/1243729.htm

    (googl.com) http://domains.adrforum.com/domains/decisions/1243912.htm

    (googleventures.com) http://domains.adrforum.com/domains/decisions/1249421.htm

    (googlewows.com) http://domains.adrforum.com/domains/decisions/1245134.htm

    (googleacompanhantes.com) http://domains.adrforum.com/domains/decisions/1245392.htm
     
    Nonny, Sep 15, 2009 IP
  15. Dave Zan

    Dave Zan Well-Known Member

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    #95
    Maybe. If they finally decide otherwise, though, good luck and be ready to just
    deal with the results.

    If Nonny's subsequent post doesn't convince you of Google not taking action on
    that, then beats me.
     
    Dave Zan, Sep 15, 2009 IP
  16. googledaily.com

    googledaily.com Peon

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    #96
    Googlewebmarketing.com still working????????
     
    googledaily.com, Sep 15, 2009 IP
  17. googledaily.com

    googledaily.com Peon

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    #97
    googledaily.com, Sep 15, 2009 IP
  18. Nonny

    Nonny Notable Member

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    #98
    If you follow the link, that particular decision in Google's favor is dated September 7th - only a week ago - so that transfer may not have been completed yet.

    So? Just because another site with a trademark in its domain name is up and running doesn't mean that using a trademark in your domain is without risk. I realize that you have a personal stake that is influencing your arguments here, but you should really consider the possibility that someday Google may choose to take your domain away from you and plan accordingly.
     
    Nonny, Sep 15, 2009 IP
  19. googledaily.com

    googledaily.com Peon

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    #99
    yeah may be.. but im really planning to use alternate domain. my site is just new :(
    i have a good domain name option (better than this)which is available in .com
     
    googledaily.com, Sep 15, 2009 IP
  20. omghelpmeplox

    omghelpmeplox Peon

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    #100
    Close it, don't even try to get head on head with a company like facebook, espeically when it's copyright infigement.
     
    omghelpmeplox, Sep 16, 2009 IP