Got notice from facebook for my domain

hitman

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I have a domain which has "facebook" word as a part of it ..
Got this email from FB today ..

To Whom It May Concern,

We are writing concerning your registration and use of the domain name xxxxx.com, 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 as a result of numerous trademark registrations in the United States and internationally, as well as 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 xxxxxx.com. As we hope you can appreciate, protection of its trademarks is very important to Facebook. Your registration and use of xxxxx.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 xxxx.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 xxxx.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.


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Not sure wht to do .. I hardly use tht domain nowadays ..
 

Sushubh

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facebook has been very serious about taking control of domains with facebook keyword in them. they even go after domains with face and book in them. you have little chance to challenge them. try to get the money that you have paid for the domain over the years. though i doubt they would be interested in paying you even that. argh, they want you to not renew the domain in the future. clever bastards.
 

mhsabir

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Mail them, ask them to pay for your costs only. Tell them you are not asking them money to make profits (cybersquatting) :D . See what they reply.Also from when are you having the website & whats the name?
 

Sushubh

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lol. they want him to stop using the domain and let it expire. they even threaten him to not sell the domain. i would have recommended selling it through sedo or similar service to get rid of the headache. i guess they would be tracking any such sale and might initiative a legal case. sucks to be in his position if he does want to retain the domain. this is not a request. it is pretty much a threat.
 

mhsabir

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Yeah - This is how I translate their tone."Chup chap chale ja yahan se, warna tu jaanta nahin hamari pahunch kahan tak hai"Also, I dont think they can target websites with just either face or book in them, maybe both with some other word in the between or reverse order maybe, they can, I wonder what they will do to something like throwbookatyourface.com
 

hitman

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Actually I created some fb app for some university in US and hosted the app on it ..But now fb has already updated their api so tht app is not in use anyways ..The domain is just lying without any use .. I guess I will just let it expire ..
 

Sushubh

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parody/spoof/similar sites i guess are protected by US laws. eff would chip in and prevent a takeover.
 

Sushubh

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i had a friend who i think owned bittorrent.in. he was served a similar letter from the owners of bittorrent.com. what he did was convert the site into a real state portal with the branding bitt or rent dot com. it was hilarious how he did it :D
 

dovahkiin

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ok this where i have some real experience :p1st. there is no legal case, India is not a signatory to WIPO, for very good reasons and Facebook India pvt ltd cannot bring a case since they have nothing to do with Facebook LTD US [ as they have just declared in Indian high court].2. Facebook will take the issue with ICAAN and they will takeover the domain from your registrar. ways to go about it, you can send them a mail , stating they pay for domain cost [ which they will] and then try your luck at selling them that you invested time and money over developing a facebook app which in turn helped facebook so you should be compensated [ 60 to 40% chance they will go it] but no harm in trying. it is ironic facebook got a trademark and patent on 'facebook' which itself is stolen from Harvard's facebook , all credits to Harvard for not going after them , their is a very funny law in states that if any company is started on a univ campus the univ has a good percentage of it, as Netscape and even Google had to settle with their univs, Harvard has stated they will not demand anything from facebook since well they are Harvard :p in your case they will take over they domain through ICANN and there you cannot deny that it has nothing directly to do with facebook or is parody or blooper site otherwise you could have retained it. in my case the company which stated trademark over domain had nothing , since my site had nothing to with their work or trademark, since the term was generic in itself and ICANN ruled against them [ oh yes i took the dispute to ICAAN] later they paid a 5 figure sum for the domain for all the 'time' and 'money' i had put in my site :D