|
Its not the word Face that is the problem, they have said that it is a combination of using a combination of the words Face or Book, when also used in conjunction as some form of Social Networking Site.
Facebook is a registered mark, so using part of their registered mark (Face) in the same niche (Social Networking) is trying to gain advantage by association with the actual trademarked name, Facebook.
If Faceporn was a directory showing the faces of the various porn stars, with no Social Networking, they would not be taking it to court, as there would be no association between the name and the niche in which they were working, as Facebook is not known as a Directory. UNLESS, you were then using the same colour scheme or typeface, which then screws you again, because you are trying to take advantage of their image.
They will sue for breach of trademark, trying to associate your site with their own, secondary meaning, Dilution, damage to their good name and reputation, and a whole load of other stuff.
You can limit the damage part by showing that they allow adult content and advertisers on their own site, which is in breach of their own TOS, but you will lose on the trademark usage, secondary meaning, dilution and everything else.
Only way out is close everything that has any resemblance in style or niche, apologise for any misunderstanding, and offer to give the names over to them as a goodwill gesture. If they refuse this offer, a judge may well decide that they are being unreasonable and throw it out. Otherwise, you will be losing more than the skin on your back. IMO.
|