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Facebook tradename infringement. - Do not use the word "facebook" in any domain!



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Facebook tradename infringement. - Do not use the word "facebook" in any domain!

To Whom It May Concern:

We write regarding your registration and use of the domain name xxx.com, which contains the famous Facebook trademark.

As you know, Facebook is the leading online social network, available at www.facebook.com and on mobile devices. Facebook has used the Facebook trademark in connection with its social networking services since 2004. The Facebook trademark is registered in the United States and internationally, and is one of the most famous trademarks on the Internet. As we hope you can appreciate, protection of its trademarks is very important to Facebook.

We were concerned when we learned of your registration and use of xxx.com. Specifically, your unauthorized use of the Facebook name is likely to cause confusion as to whether you or your company’s activities are authorized, endorsed, or sponsored by Facebook when, in fact, they are not. 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.

We recognize that you may not be aware of the laws that apply to trademarks and domain names. Registration and use of domains can violate the Lanham Act (15 U.S.C. 1051 and the following sections) if they infringe or are likely to dilute a 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. Registration and use of a domain name containing another’s trademark can also violate the Anticybersquatting Consumer Protection Act, and may be subject to transfer under the Uniform Domain-Name Dispute-Resolution Policy.

As a responsible trademark owner, where necessary we have filed proceedings in the relevant courts and also before the United Nation's World Intellectual Property Organization's arbitration panel to prevent the unauthorized use of our trademarks in domains. In these proceedings, the Facebook trademark has been found to be famous and to be entitled to broad protection.

To avoid consumer confusion and harm to the Facebook brand, we must insist that you stop using the name and domain whoislookingatyourfacebookprofile.info 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.

You are of course welcome to explain on a replacement website that your product works with the Facebook Platform, or relates to the Facebook service, so long as that statement is fair and accurate, and does not falsely suggest that Facebook endorses you or your product. For more information on how to properly refer to Facebook, please visit our brand resource center at Facebook Brand Resources. For specific guidelines for developers, see https://developers.facebook.com/docs...ions/branding/.

Please confirm in writing that you will agree to resolve this matter as requested. We appreciate your cooperation.

Sincerely,
XXX

Legal Dept.
Facebook, Inc.



That's what happens whenever you're using the word "facebook" within a domain. This is an email the Legal Dept. sent only 1 week after the domain registration. (This is not an email I got personally.)

That being said, tradename and trademark infringement are tricky and definitely something to avoid at all costs. Trademark and tradename are also different things. - You can read more about that here:

The Difference Between a Trade Name and a Trademark – And Why You Can’t Overlook Either

I can totally see why someone would use the word facebook in their domains, especially when it comes to a product or course they're trying to sell. However, it's not a good idea. A better idea would be to use a domain that says "socialmedia" in this scenario. - Anyhow, this might be something to think about in the future.

Comments

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idealmike

fb are a bunch of bullies! I get they are doing what they are doing for the integrity of fb but the fact that you can't even talk about them and use their name on here in the Community Discussions is what I would call borderline bullying and is practically a breach of our human rights and the right to free and independent speech!

https://wikipedia.org/wiki/Freedom_of_speech
https://wikipedia.org/wiki/Freedom_of_the_press


Now I can understand how they wouldn't want people to use their trademark name in their domain. And they can send you a cease and desist notice for that. But you are perfectly allowed to put their name in another internal URL such as a blog post or page or even category on your site and that is fine.

So you can make a post about your experience of fb and have a site with a URL like

www.mywebsitedomain.com/why-fb-is-a-time-suck-or-something-yadda-yadda-yadda

Or you could have a category on your site like
www.mywebsitedomain.com/category/fb
or www.mywebsitedomain/category/social/fb
etc etc

And that's fine and there is nothing they can do about that!

FB are a powerful entity.

But they are NOT the law!



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Cristian

Yes! Cheers to that Mike! I can't believe how aggressive FB has become lately, it's simply incredible! They're possing as this awesome company, human rights activists, and all the rubbish but here you have them censoring the internet! Not to mention their recent violations when it comes to freedom of speech.

And I'm not talking about real hate speech or some other illegal stuff, I'm talking about simple opinions and conversation being censored and deleted just because they don't feet Fb's political narrative.



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idealmike

I know right. Getting a bit too big for the boots and bit too long in the tooth at the same time. Let's remember, they are just a website at the end of the day. A domain name that's it. Take away the website and what do you have? Nothing! And lots of people that can finally spend their time doing much more productive things with their life rather than staring at their screen. Don't get me wrong I'm not hating on them, I just don't think it's right how they think they are some government organization or something because they have "money". What is money? It's the root of all evil that's what it is... I don't see how we can't talk about them on here as that is a breach of our human rights and freedom of speech. And that is a crime!



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procoder

Well we all know what Facebook is and what Facebook has power to do. Facebook is a registered trademark and it is not allowed in any way to use their name on your domain names for profit or non profit purposes, it doesn't matter either if your product or domain is related to facebook it's still illegal and you can end up sued by them. And getting sued by Facebook it's not a risk that worth to take. Now, I just don't understand why they don't do some researches before, especially when it comes to use a registered trademark in this case Facebook.



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Lynne

I have seen loads of websites that make use of a tradename and I always wonder how long it will take for that website to be removed. Maybe if your website is so small and not very successful you will be ignored...but if you plan on creating a really successful high traffic website and you add in a Tradename into your domain name you are playing with fire and at some stage you will be shut down I am sure.

I also read something a while back that said that websites that use a tradename within their domain won't get ranked well by Google but I fail to see how Google will understand this? Or maybe with AI Google understands all about tradenames?



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Everett

Facebook is a massive giant in the internet, and the world, and I am sure if they do not want a specific entity to use their tradename, or trademark they will absolutely put an end to it. This can be seen from the infringement notice that you receive, or at least that I think it was you, or maybe someone else?

If I were to receive that infringement notice I would be slightly angered, especially if I have a product that uses Facebook, and if the domain name is quite popular. I would ask the Facebook legal department if I could redirect the traffic to the new domain for a period of time, and hopefully that'll catch on to the current website users and visitors.

I wish you best of luck with this, if that is you that received the notice, hopefully they don't try to do something more severe than the infringement notice.



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MusicMoguls

This is a big no no. These are adults sites so they are making money. We all know sex sells, it will only be a matter of time before they get taken down. My advice is get your own name.



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overcast

I have seen a lot of brands falling. And due to the cross trademark issues. I guess it does happen. And people have to be really thinking about how to use the name right way. And we have to also consider how the facebook can be paying attention to the cross ad verification. That's the thing we have to understand in such case.



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