Facebook VS Faceporn lawsuit. How much will they demand? - GoFuckYourself.com - Adult Webmaster Forum

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nextri

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#1

Facebook VS Faceporn lawsuit. How much will they demand?

06-10-2011, 05:34 PM

So... I'm being sued by facebook. Their lawsuit is of course frivolous. But they got a bit larger budget to spend on their lawyers than I do. How much do you think I'll be owing them if (and when) I lose?

I'm looking forward to it...

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#2

06-10-2011, 05:35 PM

1,000,500 $.
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#3

06-10-2011, 05:40 PM

You will owe $1 per picture of girls making the duck-face.

You're screwed

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Cyber Fucker

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#4

06-10-2011, 05:44 PM

So... it's about the word "face" in your domain? That's ridiculous but I guess money talks. Sorry to hear that man, keep strong and be good hope.
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#5

06-10-2011, 05:46 PM
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DateDoc

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#6

06-10-2011, 05:55 PM

They'll be busy for a while

FacePorn.com (registered and active website)
FacePorn.net (registered and active website)
FacePorn.org (registered and active website)
FacePorn.biz (registered and active website)
FacePorn.info (registered and active website)
FacePorn.us (registered and active website)
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#7

06-10-2011, 05:58 PM

You'd think they'd go after sites like http://facebook.info/ 1st
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#8

06-10-2011, 06:14 PM

Fuck, I hate hearing that Nextri.

Depends on the exact situation I would suppose. I mean, like, were you also trying to have the look and feel of facebook with your site? I mean If your site and facebook's were only vaguely similar then you may have a leg to stand on.

I don't remember seeing it, so I can't really know what the story was and what it could possibly end up being.
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#9

06-10-2011, 06:55 PM

I sale http://www.facepalm.com
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#10

06-10-2011, 07:01 PM

so they are going after everyone with "face" in the domain? wtf?

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#11

06-10-2011, 07:03 PM

thought the site originally looked like facebook and promoted itself as a facebook for porn?
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#12

06-10-2011, 07:05 PM

i dont see why you are worried. you have a tube and they dont have a trademark on the word "face". its not even a possible typo. any nube lawyer should get you out of that.

i would be more worried about other legal problems coming after you win. that fatorossi lawyer guy on here once said that if u get sued or want to sue somebody u have to make sure all back taxes are paid and all your legal paperwork is up to date - just to walk into court.

u could also get in trouble in your local community for running a porn site.

i'd be more worried about that shit than if they are going to win a case based on having the word "face" in your name.

are these guys next?
http://www.facecouncil.org/

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#13

06-10-2011, 07:22 PM

millions probably

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#14

06-10-2011, 07:32 PM

I don't see any legal grounds for a case. Have they served you with a cease and desist letter or filed a case?
I have cease and desists letters from top companies coming in once a month.

Last edited by DBS.US; 06-10-2011, 07:35 PM.

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nextri

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#15

06-11-2011, 12:12 AM

Originally posted by DBS.US

I don't see any legal grounds for a case. Have they served you with a cease and desist letter or filed a case?
I have cease and desists letters from top companies coming in once a month.

yeah. long time ago. they filed the lawsuit in oct. so it's happening..

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nextri

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#16

06-11-2011, 12:17 AM

Originally posted by DateDoc

They'll be busy for a while

FacePorn.com (registered and active website)
FacePorn.net (registered and active website)
FacePorn.org (registered and active website)
FacePorn.biz (registered and active website)
FacePorn.info (registered and active website)
FacePorn.us (registered and active website)

yeah, i got a whole bunch of them, but they are only suing for .com

the site is live on these:

FACEPORN.COM
FACEPORN.NET
FACEPORN.ORG
FACEPORN.NO
FACEPORN.AG
FACEPORN.AM
FACEPORN.BE
FACEPORN.BIZ
FACEPORN.BZ
FACEPORN.FM
FACEPORN.MX
FACEPORN.SE
FACEPORN.TC
FACEPORN.TK
FACEPORN.TO
FACEPORN.VG
FACEPORN.WS

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#17

06-11-2011, 12:23 AM

Originally posted by ThatOtherGuy

I sale http://www.facepalm.com

and i have the content for it...

Make Money
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#18

06-11-2011, 12:23 AM

Originally posted by Agent 488

thought the site originally looked like facebook and promoted itself as a facebook for porn?

Is this true?

Cause if thats the case it would be a bit diffrent then just a tube lol

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#19

06-11-2011, 12:29 AM

Originally posted by Agent 488

thought the site originally looked like facebook and promoted itself as a facebook for porn?

It did look like facebook and thats why their going after them not for the word face.

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#20

06-11-2011, 01:31 AM

you registered the name to lift with them on their succes. Logical action.

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#21

06-11-2011, 01:38 AM

just make them buy it form you

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nextri

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#22

06-11-2011, 01:44 AM

Originally posted by seeandsee

just make them buy it form you

That would not be a good idea. They they could easier prove bad faith, and get the domain handed over to them for free.

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#23

06-11-2011, 01:45 AM

Originally posted by grumpy

you registered the name to lift with them on their succes. Logical action.

The only reason you used the word "face" was to profit from their name. Your site was designed to replicate the feel of their property. Your site portrays their site in a negative way. I think you are fucked.

Close the site and try to disappear ...... The legal nightmare is just starting.

.

Last edited by L-Pink; 06-11-2011, 01:53 AM.
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nextri

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#24

06-11-2011, 01:56 AM

Originally posted by L-Pink

The only reason you used the word "face" was to profit from their name. Your site was designed to replicate the feel of their property. I think you are fucked.

Close the site and try to disappear ...... The legal nightmare is just starting.

there are plenty of porn related reasons to combine the word face and porn.

Is there any difference between this and the ton of "tube" sites, clearly inspired by youtube, and all sites starting with "you" like youporn? Should they all be closed down as well?

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#25

06-11-2011, 02:04 AM

Originally posted by nextri

there are plenty of porn related reasons to combine the word face and porn.

Is there any difference between this and the ton of "tube" sites, clearly inspired by youtube, and all sites starting with "you" like youporn? Should they all be closed down as well?

Ask a lawyer then.

Last edited by L-Pink; 06-11-2011, 02:09 AM.
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#26

06-11-2011, 02:33 AM

Originally posted by nextri

there are plenty of porn related reasons to combine the word face and porn.

If the site was 100% facials I could see your point.

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#27

06-11-2011, 02:57 AM

Good luck with it, eller lykke til hehe

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#28

06-11-2011, 03:03 AM

Originally posted by Bjorn

Good luck with it, eller lykke til hehe

Takk for det

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#29

06-11-2011, 03:43 AM

They will make an example out of you.
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#30

06-11-2011, 03:51 AM

Here is a good common sense test for you. If not for facebook would you have picked the name faceporn? Is your last name "face"? Were you running a business previous to facebook with the name "face" in it? Didn't think so.

You picked the name to bootstrap off of a successful business. You know you did.

Your business can also be argued to negatively reflect on facebook. The best thing to do is shut it down and avoid the money grinding legal nightmare that will soon start.
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06-11-2011, 04:12 AM

Good Luck Man, Not Cool

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#32

06-11-2011, 04:41 AM

Originally posted by Oracle Porn

They will make an example out of you.

I hate to say it, but they very much will, to the full extent and then they'll make sure the slamming goes public.

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#33

06-11-2011, 04:55 AM

that won't be enough that's for sure....
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#34

06-11-2011, 05:00 AM

Originally posted by Oracle Porn

that won't be enough that's for sure....

At best one hour of legal representation.

They want him gone. Money is not their goal.

.
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#35

06-11-2011, 05:04 AM

oh man, face fucking niche is doomed
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#36

06-11-2011, 05:07 AM

Originally posted by L-Pink

Here is a good common sense test for you. If not for facebook would you have picked the name faceporn? Is your last name "face"? Were you running a business previous to facebook with the name "face" in it? Didn't think so.

You picked the name to bootstrap off of a successful business. You know you did.

Your business can also be argued to negatively reflect on facebook. The best thing to do is shut it down and avoid the money grinding legal nightmare that will soon start.

lindows.com did exactly the same thing with windows

the judge ruled that you can't buy a word or phrase out of the dictionary no matter how much money you spend on promoting it

when you go to court make sure to play the speech MZ stated when he made his hot vs hot rating script

where he clearly called the online directory of each res a facebook

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#37

06-11-2011, 05:22 AM

Originally posted by gideongallery

lindows.com did exactly the same thing with windows

the judge ruled that you can't buy a word or phrase out of the dictionary no matter how much money you spend on promoting it

when you go to court make sure to play the speech mz stated when he made his hot vs hot rating script

where he clearly called the online directory of each res a facebook

lol ......
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#38

06-11-2011, 05:48 AM

they are prob checking wayback machine for stuff like this

maybe change your favicon so it looks nothing like the fb logo and change your sig and anything that mentions facebook in it. Whos to say they dont know or wont look for forums or other stuff with your name on it.

i googled faceporn.com and this was on the first page.

http://www.scribd.com/doc/39928644/F...cebook-lawsuit

best of luck wit everything.

Last edited by barcodes; 06-11-2011, 05:53 AM.
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#39

06-11-2011, 06:03 AM

Its not the word Face that is the problem, they have said that it is a combination of using a combination of the words Face or Book, when also used in conjunction as some form of Social Networking Site.
Facebook is a registered mark, so using part of their registered mark (Face) in the same niche (Social Networking) is trying to gain advantage by association with the actual trademarked name, Facebook.

If Faceporn was a directory showing the faces of the various porn stars, with no Social Networking, they would not be taking it to court, as there would be no association between the name and the niche in which they were working, as Facebook is not known as a Directory. UNLESS, you were then using the same colour scheme or typeface, which then screws you again, because you are trying to take advantage of their image.

They will sue for breach of trademark, trying to associate your site with their own, secondary meaning, Dilution, damage to their good name and reputation, and a whole load of other stuff.
You can limit the damage part by showing that they allow adult content and advertisers on their own site, which is in breach of their own TOS, but you will lose on the trademark usage, secondary meaning, dilution and everything else.

Only way out is close everything that has any resemblance in style or niche, apologise for any misunderstanding, and offer to give the names over to them as a goodwill gesture. If they refuse this offer, a judge may well decide that they are being unreasonable and throw it out. Otherwise, you will be losing more than the skin on your back. IMO.
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#40

06-11-2011, 07:18 AM

Ja lykke til herfra as well

But.... I pulled out...
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#41

06-11-2011, 08:37 AM

you have a death wish. it would be best to fire your lawyer and see a shrink.
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#42

06-11-2011, 08:59 AM

Originally posted by fris

millions probably

That's my guess too. Gonna be in the millions.

You've probably basically fucked yourself out of anything even remotely resembling a good financial future.

Last edited by Coup; 06-11-2011, 09:02 AM.
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#43

06-11-2011, 08:59 AM

Originally posted by Agent 488

thought the site originally looked like facebook and promoted itself as a facebook for porn?

This. You made it look like facebook, used the word facebook in a slogan on your website and you think you can win from them?

Shouldve settled for it long time ago like i told you on iq69.

Nothing to gain and a shitload to lose. Lot more then just proud on the line.
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Agent 488

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#44

06-11-2011, 09:23 AM

Originally posted by barcodes

http://www.scribd.com/doc/39928644/F...cebook-lawsuit

what did they want originally? the domain, and income so far and legal fees?

don't think you made any money with it at that point, should have just handed it over. sorry but can't see how you'd win in anyway.
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#45

06-11-2011, 09:33 AM

Originally posted by Fornicating

Its not the word Face that is the problem, they have said that it is a combination of using a combination of the words Face or Book, when also used in conjunction as some form of Social Networking Site.
Facebook is a registered mark, so using part of their registered mark (Face) in the same niche (Social Networking) is trying to gain advantage by association with the actual trademarked name, Facebook.

The U.S. Patent and Trademark Office awarded me a Service Mark for a website name that was comprised of two words, one of which is shared by a competitor in the same International Class. Facebook has no more entitledment to the word "face" or "book" than a company like Airgas would over "air" or "gas".

Having said this though, the screenshot above showing the use of the same font and color on the apparrel is possibly a gray area. i would consult an IP attorney on that matter. I've found that law firms that have already been involved in litigations against an entity are willling to offer a lower rate on cases that add fuel to the fire on their pending cases. You might try Howard Rice Nemerovski Canady Falk & Rabkin.
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#46

06-11-2011, 09:34 AM

First thing you should do is block wayback machine via htaccess

then hire a lawyer
offer to give them the domain and they will prolly go away.
Not like they need the money
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nextri

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#47

06-11-2011, 12:30 PM

Originally posted by datatank

First thing you should do is block wayback machine via htaccess

then hire a lawyer
offer to give them the domain and they will prolly go away.
Not like they need the money

I have blocked it. Made a mistake so the .net wasn't blocked.
I have already spent a ton of lawyers. I have fairly good idea about is going to happen in the time to come.
I'm not gonna give the the domain, or close the site. That's out of the question. I suggested from the start that they could dictate what changes they would want me to do. They weren't interested in any compromise.

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#48

06-11-2011, 12:39 PM

Originally posted by nextri

I have blocked it. Made a mistake so the .net wasn't blocked.
I have already spent a ton of lawyers. I have fairly good idea about is going to happen in the time to come.
I'm not gonna give the the domain, or close the site. That's out of the question. I suggested from the start that they could dictate what changes they would want me to do. They weren't interested in any compromise.

you will loose this battle. Never start a fight you cant win!

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#49

06-11-2011, 01:07 PM

Originally posted by kryptonium241

The U.S. Patent and Trademark Office awarded me a Service Mark for a website name that was comprised of two words, one of which is shared by a competitor in the same International Class. Facebook has no more entitledment to the word "face" or "book" than a company like Airgas would over "air" or "gas".

Having said this though, the screenshot above showing the use of the same font and color on the apparrel is possibly a gray area. i would consult an IP attorney on that matter. I've found that law firms that have already been involved in litigations against an entity are willling to offer a lower rate on cases that add fuel to the fire on their pending cases. You might try Howard Rice Nemerovski Canady Falk & Rabkin.

However, if you were to read the small print, you would find that you have been awarded the use of that name, BUT, there is a two year period in which any other company may lay claim to that name if it can be shown that they were using that name, trademark or icon/logotype etc. Furthermore, if you have the name but do not use it commercially within a 5 year period, the name can be removed from you.
A trademark that is issued in the US or any other country in the world, may be in breach of anothers trademark in another part of the world, and that is why there is a two year `licensing` period. Any name can be trademarked, even if it is a common name such as Air or Gas, if it can be shown that there is deliberate attempt to use the original owners market, style, icon or niche. You cannot trademark Air and not allow use of the word in other markets. Air France for example, there are numerous airlines that use the word Air, but not in combination with France (both common words).

A few years ago McDonlads sued a guy that had a small Cafe in Scotland, for using the name McDonald, they said it was the same name and he was in the same market and was exploiting their marketing.
As McDonald is a rather famous and common name in Scotland, his defence was that it was a family name that dated back a few thousand years, and that the Cafe had operated under that same name for decades, before McDonalds fast food even arrived in Scotland.
He won his case, but he was ordered by the court to remove the large red initial M that had appeared above his Cafe in recent years.
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nextri

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#50

06-11-2011, 03:44 PM

Originally posted by Jack Sparrow

This. You made it look like facebook, used the word facebook in a slogan on your website and you think you can win from them?

Shouldve settled for it long time ago like i told you on iq69.

Nothing to gain and a shitload to lose. Lot more then just proud on the line.

Never used the word facebook in any way.

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