facebookofsex.com - trademark wft?!

[epagos]

How can a site like http://facebookofsex.com be online?

IMHO they are violating a facebook's trade mark name and color scheme.

How they made it? any idea?

Mark.

[Roald]

luck?

....

[Nicky]

They have been on for quite some time. Facebook doesn't seem to care.

[Nicky]

Originally Posted by Roald

luck?

....

Yo Roald, do you guys still take celeb submissions?

[MetaMan]

Why dont you worry about your own business instead of how other people do it?

Either take the risk or not. What others or how they do it does't mean shit. You either have the balls to push something and take the risk or not. By asking the questions you do not have the balls.

[Roald]

Originally Posted by Nicky

Yo Roald, do you guys still take celeb submissions?

no idea, I'm not reviewing links thank god!! :D

Drop me an email ;)))

[amateurbfs]

Welcome to the internet!

[epagos]

Originally Posted by MetaMan

Why dont you worry about your own business instead of how other people do it?

Either take the risk or not. What others or how they do it does't mean shit. You either have the balls to push something and take the risk or not. By asking the questions you do not have the balls.

I don't want to promote a site and have a legal after. So I ask before.

[Nicky]

Originally Posted by Roald

no idea, I'm not reviewing links thank god!! :D

Drop me an email ;)))

The "oil dude" job is being too good on ya. You should make up for It by reviewing links 5 hours a day

[MetaMan]

Originally Posted by epagos

I don't want to promote a site and have a legal after. So I ask before.

Have a legal what? You clearly do not have the balls to make money. Who is going to "legal" you after? you are a tadpole in a lake.

who are you asking? why dont you call up facebooks legal team and leave a message.

[_Richard_]

you haven't noticed how basically everyone is using facebook names/logos with no word about it?

[lazycash]

Originally Posted by Nicky

They have been on for quite some time. Facebook doesn't seem to care.

I don't believe FB doesn't care, I think something will be happening soon.

[CaptainHowdy]

Originally Posted by epagos

How can a site like http://facebookofsex.com be online?

IMHO they are violating a facebook's trade mark name and color scheme.

Why do you mind??

How they made it? any idea?

Mark.

Ah, now I see...

[baddog]

Actually, I would lean towards the "don't care" side. I talked to some FB people a few years ago at a trade show about sites that had facebook in the name. Their attitude was pretty much like the Dairy Council and the whole Got Milk, Beer, Buddy, web host deal.

The name makes people think of Facebook, so it is still advertising to them.

and 34,753,396 Members!?

Yeah.

[BlackCrayon]

they roll the dice, can make bank in the meantime. since when does the adult industry care about any laws at all?

[epagos]

Originally Posted by MetaMan

Have a legal what? You clearly do not have the balls to make money. Who is going to "legal" you after? you are a tadpole in a lake.

who are you asking? why dont you call up facebooks legal team and leave a message.

I don't need to have balls to make money. I need a good product and traffic.

I'm just asking how can it be legal. I don't want problems using their name on my sites.
that's all.

BTW, why are you so aggressive? it's funny how easy is to act like a macho for someone with over 26k post from your mother's basement. I can imagine how big your ass is.

Mark.

[Domain Diva]

I have been asked this question many times when I have in the past sold domains with ipad...apple....twitter etc contain within them.

The answer is that not all trademark holders pursue legal action at every chance they get ...as long as its not directly affecting thier business.

2 Examples ;

Apple do not ususally give you a problem unless you start advertising simlar products but the BBC (UK broadcaster) hunts everyone down trying to use BBC in domains and will track you down quick and take legal action instantly.

The above is not legal advice..if unsure always consult your lawyer.


ps ..A nice facebook style popup/IM tool you may wish to use to promote this program is www.ChatPopBox.com

[baddog]

Originally Posted by Domain Diva

I have been asked this question many times when I have in the past sold domains with ipad...apple....twitter etc contain within them.

The answer is that not all trademark holders pursue legal action at every chance they get ...as long as its not directly affecting thier business.

I am relatively confident that Apple is a lot more aggressive about protecting their intellectual properties than is FB.

No way would I encourage someone to purchase a domain with Apple or Ipad in the name.

[fris]

Originally Posted by Nicky

They have been on for quite some time. Facebook doesn't seem to care.

wonder why, and nextri's site they are going after.

that was the reason behind plugrush not paying anyway.

[djroof]

facebook dont care why us?

[seeandsee]

they pay them % ?

[Mike Dutch]

first they need to win some small cases so they got a stronger case against bigger sites later.

[DateDoc]

It is odd that they have not gone after it as they have and do go after domains - just ask the owners of faceporn.com or teachbook.com.

[Domain Diva]

Originally Posted by baddog

I am relatively confident that Apple is a lot more aggressive about protecting their intellectual properties than is FB.

I have delt with Apples legal dept in the past so can only comment on my own past experience . ( this of course could change at any time)

I would also recommend that anyone dealing with domains that may contain "trademarks " to consult thier own legal advisor and take thier advice.

Regarding the domain "facebookofsex.com " I assume they have taken legal advice given to them and trade accordingly.

[Jman]

Cause they don't need to sue people to make money... and as mention to busy to build status to give a fuck.

[baddog]

Originally Posted by Domain Diva

I have delt with Apples legal dept in the past so can only comment on my own past experience . ( this of course could change at any time)

me too . . . hence my comment.

[Domain Diva]

Originally Posted by baddog

me too . . . hence my comment.

Very interesting ..have you ever lost a domain to Apple ? and if so did it promote anything simlar to what they produce ? I would be shocked if you did and it would make me change policy regarding them.

[HomerSimpson]

how come apple is not after appletwins.com ?

[msp]

I look around on FB's site, I don't see ANY of their logos have a TM or (r) marking, do they actually have a trademark?

[Agent 488]

faceporn was crushed as was multitude of other "face" sites.

[NaughtyVisions]

lamebook.com is also currently being sued by facebook...

[baddog]

Originally Posted by Domain Diva

Very interesting ..have you ever lost a domain to Apple ? and if so did it promote anything simlar to what they produce ? I would be shocked if you did and it would make me change policy regarding them.

They were not contacting me regarding sites I owned . . . more about sites we hosted.

[Lilit]

Originally Posted by NaughtyVisions

lamebook.com is also currently being sued by facebook...

Wow, I knew facebook was trying to trademark "face", but it's new to me that they have put their hands on "book" as well

[closer]

if they do not care, why should you?

[will76]

Originally Posted by epagos

How can a site like http://facebookofsex.com be online?

IMHO they are violating a facebook's trade mark name and color scheme.

How they made it? any idea?

Mark.

not sued yet

[DVTimes]

Originally Posted by HomerSimpson

how come apple is not after appletwins.com ?

becase the owner has no idea what he is doing, so no one has (except for us) ever heard of the site.

[SpicyM]

I was asking this question years ago, when I submitted movie galleries.

[qwe]

Originally Posted by MetaMan

Why dont you worry about your own business instead of how other people do it?

Either take the risk or not. What others or how they do it does't mean shit. You either have the balls to push something and take the risk or not. By asking the questions you do not have the balls.

good advice... aff is not moms and pops shop, so i'm sure they know what they're doing and you are just waisting time asking why why why....

[slavdogg]

facebook has been pretty aggressive since day one of enforcing their TMs.
Former microsoft lawyers now work for FB

[Exit-chat]

i do know for a fact they are coming after all book or face names... I have a very close friend of mine that has a site in the UK that he has the trademark for his dating site and they are fighting him hard.. he has a great case to win but it is still going to cost him seven figures to fight it and he is doing just that...

They have been targeting sites that are in the news, large traffic or have a TM going.. i believe their was about 3,000 TM's that i heard they started with to target...

[Lester Burnham]

Originally Posted by NaughtyVisions

lamebook.com is also currently being sued by facebook...

Actually, Lamebook sued Facebook (preemptively; filed a declaratory relief action).

And I think Lamebook will win....

[Barry-xlovecam]

I have always wondered why myself ...

[Lester Burnham]

Originally Posted by Barry-xlovecam

I have always wondered why myself ...

It is a bandwidth issue for Facebook, they can't go after everyone at the same time.

I know from personal experience, Facebook is quite aggressive. They even go after sites where Facebook's TM claims are weak (Facebook takes the approach, "capitulate or you'll die").

[moeloubani]

i imagine the cheapest thing for facebook to do would be just go through icann to get the websites taken down...youll see a rush of those i think before you see a rush of lawsuits unless the lawsuits are retaliatory if people think their sites were taken down without cause

[NaughtyVisions]

Originally Posted by Lester Burnham

Actually, Lamebook sued Facebook (preemptively; filed a declaratory relief action).

And I think Lamebook will win....

I was just going by what their site shows:



Their donate page does say they made a "daring legal move," but they don't specifically say what it is.

We really love running Lamebook. Aside from the laughs, it represents an opportunity to work on an incredibly fun project with our buddies that makes a lot of people happy and still allows us to make rent at the end of the month. So while we?re definitely not getting rich off of this, it still represents our livelihood. Beyond that, it represents a way for us and lots of fans to express ourselves and poke some fun at the world?s most popular social network.

Problem is, Facebook didn?t get the joke. They?ve decided to pick on the little guys: small business owners who seem to be no match for a multi-billion dollar behemoth. But this is one website that?s not going down without a fight. With our first amendment rights under fire, we?ve made a daring legal move that we believe will help us defend ourselves under the law and keep this site up, allowing us to keep bringing you, your friends, your parents, and your creepy uncle the insanity that?s had us in stitches since we started. Thing is, we need your support.

Please help us by donating to our legal fund. Every little bit counts, and any proceeds in excess of our legal fees will go to a charity of our fans? choosing.

Thanks everyone!

- The Lamebook Boys

[Lester Burnham]

Originally Posted by moeloubani

i imagine the cheapest thing for facebook to do would be just go through icann to get the websites taken down...youll see a rush of those i think before you see a rush of lawsuits unless the lawsuits are retaliatory if people think their sites were taken down without cause

Filing a UDRP action is about $2K-$10K a pop in legal fees (and about a $1500 filing fee). Not much money to FB obviously, but preparing the paperwork, filing, etc. can be a pain.

FB just spams cease and desist letters, and because people are so scared of them, most capitulate rather quickly. They basically conduct shock-and-awe.

Sophisticated domain owners can also appeal an adverse UDRP action in the U.S. courts.

I love that Lamebook is fighting back.

[Lester Burnham]

Originally Posted by NaughtyVisions

I was just going by what their site shows:



Their donate page does say they made a "daring legal move," but they don't specifically say what it is.

Yea, understandable why you thought Facebook sued Lamebook. However, Lamebook sued Facebook initially (Facebook filed in CA shortly thereafter). Facebook threatened them, and Lamebook decided to strike first and sue in a favorable forum (Texas I believe). IF someone threatens to sue you, you can file a "declaratory relief" action where you sue the person that threatened you. You are basically saying to the court, "the dude that is threatening me is full of shit; please resolve in my favor and make the dude that threatened me pay my costs".

That is the "daring move" Lamebook is talking about.

I've read Facebook's motion to move the venue (it is online if you look around). It is kinda funny, because before the lawsuit, Facebook's lawyer wanted to talk to the Lamebook lawyer, and the Lamebook said, "I'll get back to you soon...I have a CRAZY busy day tomorrow...." The next day, Lamebook sued Facebook ROFL. Yep, he was crazy busy alright.

[CyberDilemma]

I would think that anything using the words "facebook" and "sex" together would create a hissy fit with facebook's legal department as far as both copyright infringement issues as well as branding issues. My guess is either this site is hosted in a far, far away place where it is difficult for anyone to touch them OR facebook is somehow profiting from it behind the scenes. Sex sells....facebook might as well jump on the bandwagon.

[raven1083]

FB don't care at all.

[Agent 488]

Originally Posted by lazycash

I don't believe FB doesn't care, I think something will be happening soon.

only right answer in this thread.