Law-Forums.org

[gowan]

I own the domain "TheFacebookAsshole.com," and recently recieved an email purporting to be from Facebook saying that I must stop using it and let it expire or face litigation. I am not squatting on a typo domain (i.e. Faceboo, Facebok, acebook, etc), and my site is a blog similar to that of Failbook, Lamebook, and Unfriendable. It is not a social network. Sites like AnythingButIpod.com, FamilyGuySucks.com, and LetMeGoogleThatForYou.com, stay valid domains with no issue. Is Facebook just being a bully, or does their complaint have legal merit? Here is the email:

FWD: thefacebookasshole.com - Notice of Facebook Trademark Infringement [[email protected] … (FROM: [email protected] )

To Whom It May Concern,

We are writing concerning your registration and use of the domain name thefacebookasshole.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 as a result of numerous trademark registrations in the United States and internationally, as well as 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 thefacebookasshole.com. As we hope you can appreciate, protection of its trademarks is very important to Facebook. Your registration and use of thefacebookasshole.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 thefacebookasshole.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 thefacebookasshole.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.

[dent81]

yes because facebook is copyrighted

[garret]

Yeah probably, but i just skimmed your question,

[osryd]

That message actually looks legit. Since you are using their name in the domain name they really do have a case.

[vruyk]

Yes, facebook is part of your domain name.

[barraq]

Yes, facebook is part of your domain name.

This is a tricky situation. There is a good chance that you have done nothing wrong here. In fact, since you are not creating a social network website, you are probably not infringing on their trademark. Now, here comes the big question... how much is it worth to you to hold onto this name? Let's say they truly do take you to court, and you win. You'll still be out 10 to 20 thousand dollars in legal fees and several months of painful litigation.

Of course, things could go the opposite way and you could lose and be out a lot more money. As I personally hate bullies, and these kind of threats; I would tell you to stick it to the man based on principle alone. However I'm not the one who would suffer the consequences. Though it could be worth several months of internet celebrity.

Check out Techdirt.com as they cover these types of stories often.

Edit: To some of the uninformed answers: This is not copyright, and just because he used the word Facebook, that doesn't mean it's a trademark violation. For something to meet "Trademark Violation" it must be proven that it could cause confusion among users. (As stated in Facebook's email)

[norwyn]

Which part do you not understand?

"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."

You either need to give up the domain or you need to be very wealthy if you want to argue your case in court - which you will lose as you are infringing on their trademarks and copyrights.

[hob97]

Facebook has lots of lawyers I suggest u listen and yes they can take action since ur using there name which Is legally owned by facebook them self you didn't listen to copy right rules

[jorian23]

Probably. Unless you have the money to fight them? naw.. would let it go. You can always try to find a lawyer who would check out the merits of your case.. if he thinks its a violation of your rights and feels strongly about it.. then he may do it pro-bono and get THEM to pay the lawyer fees if they loose. Still, it could be a BIG and LONG & Costly hassle.