FaceBook.com Sues FacePorn.com
According to ComputerWorld.com, Facebook filed suit on October 15th today against Faceporn.com, alleging the site essentially copied Facebook to build an adult social networking platform
“Until recently, Faceporn billed itself as “the number one socializing porn and sex network,” offering a range of pornographic content.
However it now says it’s offline for a redesign. “We’re currently working to launch a completely new version of the site, and it will be the best porn site the world has ever seen,” Faceporn says on its front page.”
According to court filings, Facebook alleges that Faceporn “blatantly copied the Facebook logo, site and Wall trademark.”
Screen shots filed with the lawsuit show some Facebook-like elements, including Wall postings and a similar blue-and-white color scheme. Instead of poking, Faceporn users can apparently “send a flirt,” according to the screen shots.
Facebook asks the court to order Faceporn to hand over its Web domain and all revenue to Facebook.
This follows on the heals of Facebook.com suing TeachBook.com which we wrote about back in August.
FuckBook.com however is alive and well as of publication
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So Facebook wants to receive a bunch of money sourced from pornos what I’m reading
“FaceBook.com Sues FacePorn.com”
…for disloyal competition?
They could have just asked to have it shut down an legal fees, but they want all the porn profits too
A common remedy under trademark law is that the offender is disgorged of all profits made from the infringement.
This is so whether such money is made in the adult world or not.
I could not find any old cached copies of the site but the current logo in no way infringes on the Facebook one.
so, after the word “book”, now, they want to be the owners of the word “face” (and “porn”)
clearly, they can want to TM the word “facebook” and all typosquatted domains like facebok, faceboook, facbook, etc. but surely NOT want to TM teh words “face” or “book”
@ Domainers Gate #1 directory permalink
(Quote) for disloyal competition?
———————————–
FUNNY, THAT WAS GOOD!
Will they go after?
FaceF**K .com”
NEXT?
“FaceF**K .com”
maybe… but I doubt they will try to TM also the word “F**K”
.
I was the owner of FacePorn.com and I sold this domain name in 2007.
Let’s see what they can do when i lunch facebooksucks dot com
If you do a whois search of facebook.com, one of the name servers appears to be GET.LAID.AT.WWW.SWINGINGCOMMUNITY.COM.
Seems like they are already into promoting porn in some way or another!!!!
@ Dave… Strange, they must of just changed it cause its showing me:
ns4.facebook.com
ns5.facebook.com
ns3.facebook.com
ns2.facebook.com
ns1.facebook.com
Also this is starting to get out of hand. First that Rapid Share company thinks they own the term Rapid and now Facebook thinks they own Face and or Book? Sadly, all these corporate hogs are doing is hoping the owners of these sites are small enough (not so greatly funded) who will close down after receiving a C&D letter….makes me sick.
This french guy try threat me because he own dot FR extension and I own dot COM, that he will UDRP me and say I violate his trademarks (which the domain is purely generic). I tell him bring it, that I will pay $1,600 for 3 panelists and when he loses, I will hire a local attorney in France and sue him for damages. So far its been quiet, hope stays this way.
Oh, I also saw a “follow me” twitter button on FacePorn. Though usually you see those buttons in pairs, together with FaceBook. Would of been hilarious if it was there :-p
“I sold this domain name in 2007″
at what price?
“Seems like they are already into promoting porn in some way or another!!!!”
maybe… between domainers… inside a (domains) parking service…
.
Next, will they go after WordPress blogs having the f——k clone themes?
At least 2 themes look very similar to f——k dot com. The download stats are:
Theme X:
Today 8
Yesterday 15
Last Week 102
All Time 9,705
Theme Y:
Today 68
Yesterday 127
Last Week 1,133
All Time 38,076
Wow! That’s nearly 48K downloads!
Some downloaders even request an update to the theme because f——k design had changed; LOL.
I am of the opinion this has nothing to do with Face and Book or combinations of them – this has only to do with FacePorn’s presentation appearing to be an affiliate or related in some capacity to Facebook thru its representations, like logos, links, look and feel and other references – and that could confuse the consumer. That (and only that) supercedes the use of the generic and commonly used terms Face & Book in a social networking forum.
Brian
But weren’t you calling Facebook out when the sued TeachBook.com which was also a social networking site for teachers?
Mike,
Wasn’t TeachBook selling itself as the “FaceBook for teachers” – that initself creates confusion for the consumer – i.e. implying they are somehow related to facebook. Same with the look and feel, logos and other references in pornbook.
Everything else I think is anti-trust putting the monoply swimming upstream which is why I continue to operate SpaceBook.com, FaithBook.com and AdoptionBook.com pages – they stand on their own with their own look and feel.
Strange, fcebook facebok typos are still okay. I would say they are clearly after the porn or revenues, or most likely – both.
When you say facebook typos are Ok do you mean they are legal or just that facebook hasn’t gone after them
yet
?
By the way check this out
http://www.thedomains.com/2010/10/23/fecabook-com-sells-on-snapnames-com-for-14k/
HERE IS YOUR OPPORTUNITY.
http://www.uspto.gov/trademarks/bullies_survey.jsp
The USPTO is actively submiting “evidence” from anyone regarding TM bullies. What they will do with it is anyone’s guess but here is the chance to vent (appropriately please). Hat tip to http://ipkitten.blogspot.com/2010/10/letter-from-amerikat-full-of-surprises.html.
The USPTO is now calling for submissions from small business owners about their experiences with such “bullies”. Specific questions include:
* In approximately the last 5 years, please describe any instances of which you have first-hand knowledge where a small business may have been the target of litigation tactics attempting to enforce trademark rights beyond a reasonable interpretation of the scope of the rights granted to the trademark owner
* Whether you think “trademark bullies” are currently a problem for trademark owners, and if so, how significant is the problem?
* Whether you think aggressive litigation tactics are more pervasive in the trademark area than in other areas of the law?
* Whether you think the USPTO has a responsibility to discourage or prevent trademark bullying? If yes, what should the USPTO do?
If you are the David in one of these David and Goliath sagas, the USPTO asks you to respond to questions and send your comments to TMFeedback@uspto.gov, with the subject line “Small Business Study” by no later than January 7, 2011.
@ Paul – great info, thanks buddy.
with a little more of courage… FB could BUY and RUN the FacePorn site…
if FB bought and ran the FacePorn site, the bloody activists who were against dot XXX extension would come out of the wood work and form a new campaign. We wouldn’t want that now, would we? I got inspired and registered TMBullies and TMBully both in dot com extension. Next will be FlipOfACoin.com for all those wrongfully decided WIPO cases…
Interesting read – there are a number of blog templates that I found that also resemble a facebook style outline – are they going to also go after the creators of the blog templates? Has anyone else noticed that DIGG is also similar to facebook? Is this the next lawsuit? Quit – email Mark and let him know!
Faceporn just sounds outright – weird. Seems like it would be more of a fetish site based on its name as opposed to an adult social networking site. Face and Porn – just dont work, but anyplace that has X rated material will get people…
“you have 27 new faceporn friend requests” <— Ill pass
Chris,
When I think of face and porn literally – i get a pretty good image that I like.
Where is my face and what face is it attached to what I like.
And will this website look and feel and similarity carry over to knock offs of the shape of cheerios – and aerodynamic cars as well.