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  1. #1
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    * Are Anyone Have Idea? Contradiction About My Domain Case in Trademark Infringement?

    Are They Have All Words With Their Trademark To Infringement??
    Please help us and advice with good idea see the case below :
    thank you for your support with us again thank you


    xxxxxxxxxx@facebook.xxx write to admin@agenwebhxxx.xxx
    Wed, Oct 21, 2009 at 11:33 PM


    We are writing concerning your registration and use of the domain name adsbyfacebook.xxx, 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 in the United States and internationally, including 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 adsbyfacebook.com. As we hope you can appreciate, protection of its trademarks is very important to Facebook. Your registration and use of adsbyfacebook.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 adsbyfacebook.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 adsbyfacebook.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,

    xxxxxxxxxxx
    Legal Dept.
    Facebook, Inc.



    My Email Repeat :

    Thank you for write email to us,
    honest i,m very very surprised here while open and read email come
    from facebook legal departement contact to my inbox email here.

    i,m admin of agenwebxxx.xxxx who owner domain adsbyfacebook.xxx
    This is a cyber only, all people can registration all domain names
    without any prohibitted.

    i dont think about yahoo, google, alexa, paypal, ebay, or facebook or
    name or domain or anything, we are same in online business ok, you run
    your business and we run also thats it.

    No warning from ICANN about the domain registration or transfer or
    backorder or renewal because this is a all people right and own their
    money for buy all domains, by the way if you interesting to own this
    domain adsbyfacebook.xxx is ok if any quotation come to us for
    reimbursed and transfer it directly with full guaranted satisfaction
    and you can have and own it as per your facebook.com name.

    we have many domain names also who buy and use by the others with have
    good record and good ranking in this cyber also but this is not make
    our trademark problems like my putdomain.xxx. the people use
    putdomain.xxx is ok and we are a fair minded here in indonesia my
    lovely country.

    The trademark in cyber is under control by all people and cannot
    information with penalties or make others hurt, same with yahoo or
    google or aol or anything, hope you understand we are in cyber talk
    and relationships please correct me if i,m wrong, my english is very
    bad but can have time to reply with my regards and my human being
    lovely. thank you very much brother

    Best Regards

    zachrie networks inc - selfdomain.xxx

  2. #2
    Join Date
    Mar 2009
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    Universe
    Posts
    339
    people are free to register any domain names but they are responsible for names they choose. it is you who will be sued, not your registrar. I am afraid you have almost no chances to win the case.

  3. #3
    Join Date
    Nov 2002
    Posts
    4,667
    It is trademark infringement. I wouldn't waste any time or effort developing this domain. You will eventually lose it.

  4. #4
    Join Date
    May 2006
    Location
    The Kingdom of LLAMEDOS
    Posts
    2,881
    Would we be wrong to assume you reg the domain
    with intent to benefit from the word 'facebook' ?
    If so, give up now, if not so, get a few million $ and a good lawyer,
    and report back here in 5 years.
    _____________________________________________________________
    - There are many types of Marmalade -

  5. #5
    Join Date
    Jul 2002
    Location
    Toronto
    Posts
    3,797
    Mistake #1 - Registered a clearly trademark infringing domain.
    Mistake #2 - Reply to Facebook's legal department without first consulting your own lawyer.
    Co-Founder @HostHideout. Profoundly influenced by #Bauhaus, @Nameslave unrepentantly embraces #Minimalism with a bias for functionality, color theory and pixel precision: a #multimedia messenger in the McLuhan sense. His totally irrelevant M.Ed. dissertation examines Organizational Culture and Change Management. He also likes Patrik Ervell, Wong Kar-wai and IKEA.

  6. #6
    Join Date
    Aug 2009
    Posts
    50
    you will loose this domain , I know a similar case lost in favor of youtube

  7. #7
    Join Date
    Oct 2004
    Location
    Moji
    Posts
    2,107
    hmmm...
    So I cannot register SmileyFaceBookStore.com?
    DigiPun.ch
    An Awesome Digital Punch Clock
    Release date: October 1st

  8. #8
    Join Date
    Jan 2009
    Posts
    3,878
    Quote Originally Posted by BurakUeda View Post
    hmmm...
    So I cannot register SmileyFaceBookStore.com?
    That one you could probably get away with.

    But this 'adsbyfacebook' is a flat out lie in its context. Because it has absolutely NOTHING to do with facebook at all whatsoever. i.e. no legit connection with facebook that authorizes ads by you on their part. Basically that domain says facebook endorses whatever is on it.

  9. #9
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    Oct 2004
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    Moji
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    Quote Originally Posted by MikeTrike View Post
    That one you could probably get away with.

    But this 'adsbyfacebook' is a flat out lie in its context. Because it has absolutely NOTHING to do with facebook at all whatsoever. i.e. no legit connection with facebook that authorizes ads by you on their part. Basically that domain says facebook endorses whatever is on it.
    Yeah, of course. That domain is copyright infringement by all means.
    I just wonder if they can sue someone just because they have the "facebook" word in their domain (or any other property). i.e. my intension is having a domain name for my book store SmileyFaceBookStore.com, but they can pick the different word: SmileyFaceBookStore.com.

    I remember a case where Dell sued a web-designer guy for the domain. His name was Dell, and the website was dellwebsites.com or something like that.
    DigiPun.ch
    An Awesome Digital Punch Clock
    Release date: October 1st

  10. #10
    Join Date
    Jan 2009
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    3,878
    Quote Originally Posted by BurakUeda View Post
    Yeah, of course. That domain is copyright infringement by all means.
    I just wonder if they can sue someone just because they have the "facebook" word in their domain (or any other property). i.e. my intension is having a domain name for my book store SmileyFaceBookStore.com, but they can pick the different word: SmileyFaceBookStore.com.
    It depends on facebook and their lawyers, I'd say SmileyFaceBookStore.com is a reasonable domain. As it obviously is not trying to profit from facebook's success. If they pick on this domain, they are just being d**kheads. But still may have legal grounds to be such d**kheads. AdsByFacebook.com is an obvious aim to steal some thunder.

    Quote Originally Posted by BurakUeda View Post
    I remember a case where Dell sued a web-designer guy for the domain. His name was Dell, and the website was dellwebsites.com or something like that.
    That's another reasonable lawsuit as it looks like dell computers makes websites at first glance. It would confuse common web users into thinking it was provided by dell computers. As that is the first thing that generally comes to mind when you think of dell.
    Last edited by MikeTrike; 10-26-2009 at 08:53 PM.

  11. #11
    Quote Originally Posted by BurakUeda View Post
    hmmm...
    So I cannot register SmileyFaceBookStore.com?
    You can. But why would you even consider?

  12. #12
    At the end of the day the trademark owner will always come after you if you are trying to profitier using their trademark.
    NetEarth One
    ICANN Accredited Registrar, https://reseller.netearthone.com
    Full UK support, 7 days a week 365 days a year!

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