Back in October 2010 we told you about a lawsuit for trademark infringement that Facebook filed against the site Faceporn.com
Yesterday a federal court affirmed a lower courts order throwing the case out for “lack of personal jurisdiction” against the owner of Faceporn.com
The owner of Faceporn is Thomas Pedersen of Bergen, Norway.
According to federal law for a nonresident defendant to be sued in the US they must be found commit an intentional act expressly aimed at the forum state and that caused harm that the nonresident defendant knew would likely be suffered in the forum state which in this case was California.
The previous judge ruled that Facebooke failed to “put forth factual allegations that suggest that confusion actually has occurred or that any of Facebook’s potential customers have been sidetracked to Faceporn’s website as a result of defendants’ conduct.”