Facebook's Trademark Suit Against Faceporn Is Dismissed - GoFuckYourself.com

DVTimes · 05-22-2012, 04:15 AM

The legal showdown between Facebook and Faceporn is officially over after a federal judge today dismissed the case based on lack of jurisdiction.

The win for Faceporn operator Thomas Pedersen of Bergen, Norway, comes months after a U.S. magistrate judge recommended the case dismissed for that reason.

The stakes were high for Pedersen in the case as Palo Alto, Calif.-based Facebook earlier this year moved for entry of a default judgment against him. The social network also asked for attorneys fees, as well as the transfer of a number of domains ? FacePorn.com, FacePorn.net and FacePorn.org (the sites currently redirect to Faceporn.no).

In March, however, U.S. Magistrate Judge Nathaniel Cousins ruled that Facebook's suit didn't pass the Calder test and likely could not continue.

The so-called Calder test requires that the nonresident defendant commit an intentional act, that was expressly aimed at the forum state and that caused harm that the nonresident defendant knew would likely be suffered in the forum state.

Facebook failed the second test, Cousins ruled, saying the social network "does not 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."

Facebook initiated the suit in October 2010, claiming Pedersen's sites promulgate brand tarnishment, dilution or confusion.

At the time, Facebook said 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 sent "flirts."

But Faceporn.com and the other sites eventually became tube sites shortly after Facebook filed suit.

Today, U.S. District Judge Jeffrey White dismissed Facebook's case against Pedersen and the Faceporn properties.

"The court has reviewed Magistrate Judge Nathanael M. Cousins? report and recommendation regarding [Facebook's] motion for default judgment," White wrote. "The court has received no objections. The court finds the report correct, well-reasoned and thorough, and adopts it in every respect. Accordingly, the court denies [Facebook]?s motion for default judgment and dismisses this action for lack of personal jurisdiction."

Officials at Facebook, which just last week made its initial public offering, did not comment to XBIZ by post time. Pedersen did not immediately respond for comment.

http://www.xbiz.com/news/148760

Phoenix · 05-22-2012, 04:17 AM

that is good news for people being sued for owning a domain with a common word in it...that someone else owns.

ahem ahem

Paul Markham · 05-22-2012, 04:21 AM

Quote:

Originally Posted by Phoenix

that is good news for people being sued for owning a domain with a common word in it...that someone else owns.

ahem ahem

Markul · 05-22-2012, 04:23 AM

Good news in my book, IP's is being stretched too far in so many cases.

nextri · 05-22-2012, 04:26 AM

Feels good to finally get this out of the way, and focus on the future. It's a good day!

And to those who said I'd get a new asshole torn by this..

TheSwed · 05-22-2012, 04:36 AM

good news

DVTimes · 05-22-2012, 04:39 AM

Quote:

Originally Posted by nextri

Feels good to finally get this out of the way, and focus on the future. It's a good day!

And to those who said I'd get a new asshole torn by this..

will you be doing sothing with the domain or leave it as it is?

nextri · 05-22-2012, 06:12 AM

Quote:

Originally Posted by DVTimes

will you be doing sothing with the domain or leave it as it is?

Haven't decided yet. With the increase of unwarranted domain seizures by US government and companies .com domains are becoming a big risk in general. But for marketing purposes it would of course be much better with the .com. Both will work though, might make the .com an alias instead of a redirect.

Love Sex · 05-22-2012, 06:16 AM

Face porn did copy the original facebook site which is why the lawsuit started. The site was later changed after the lawsuit

Best-In-BC · 05-22-2012, 07:23 AM

Quote:

Originally Posted by Phoenix

that is good news for people being sued for owning a domain with a common word in it...that someone else owns.

Yep, Eh Men

BareBacked · 05-22-2012, 08:02 AM

Quote:

Originally Posted by nextri

Feels good to finally get this out of the way, and focus on the future. It's a good day!

And to those who said I'd get a new asshole torn by this..

Big Congrats mate.

;)
Hit me up lets work together some more P:

CyberHustler · 05-22-2012, 08:03 AM

congrats

_Lush_ · 05-22-2012, 08:05 PM

Quote:

Originally Posted by nextri

Feels good to finally get this out of the way, and focus on the future. It's a good day!

And to those who said I'd get a new asshole torn by this..

Congrats nice to see you come out on top. BTW what tube script is that on your site? I like the setup of it

LiveDose · 05-22-2012, 08:26 PM

Good news

CYF · 05-22-2012, 08:29 PM

Quote:

Originally Posted by nextri

Feels good to finally get this out of the way, and focus on the future. It's a good day!

And to those who said I'd get a new asshole torn by this..

congrats on the win

sandman! · 05-22-2012, 08:40 PM

Horny Guy · 05-22-2012, 09:13 PM

must be the week for it ..

i know someone that beat girls gone wild in trademark battle also

and won to keep the domain name ...so far anyway

Django · 05-22-2012, 10:48 PM

congrats

nextri · 05-22-2012, 10:49 PM

Quote:

Originally Posted by _Lush_

Congrats nice to see you come out on top. BTW what tube script is that on your site? I like the setup of it

it's a custom developed script I'm afraid

omgt · 08-01-2012, 05:40 PM

well done
id have thought it would of done a lot better being a dating/social network than a tube,

there are millions of tubes
what do you think the conversion rate will be in 10 years time ?

but still

Quote:

Originally Posted by nextri

Feels good to finally get this out of the way, and focus on the future. It's a good day!

And to those who said I'd get a new asshole torn by this..

05-22-2012, 04:15 AM	#1
DVTimes xxx Industry Role: Join Date: Jun 2003 Location: UK Posts: 31,544	Facebook's Trademark Suit Against Faceporn Is Dismissed The legal showdown between Facebook and Faceporn is officially over after a federal judge today dismissed the case based on lack of jurisdiction. The win for Faceporn operator Thomas Pedersen of Bergen, Norway, comes months after a U.S. magistrate judge recommended the case dismissed for that reason. The stakes were high for Pedersen in the case as Palo Alto, Calif.-based Facebook earlier this year moved for entry of a default judgment against him. The social network also asked for attorneys fees, as well as the transfer of a number of domains ? FacePorn.com, FacePorn.net and FacePorn.org (the sites currently redirect to Faceporn.no). In March, however, U.S. Magistrate Judge Nathaniel Cousins ruled that Facebook's suit didn't pass the Calder test and likely could not continue. The so-called Calder test requires that the nonresident defendant commit an intentional act, that was expressly aimed at the forum state and that caused harm that the nonresident defendant knew would likely be suffered in the forum state. Facebook failed the second test, Cousins ruled, saying the social network "does not 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." Facebook initiated the suit in October 2010, claiming Pedersen's sites promulgate brand tarnishment, dilution or confusion. At the time, Facebook said 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 sent "flirts." But Faceporn.com and the other sites eventually became tube sites shortly after Facebook filed suit. Today, U.S. District Judge Jeffrey White dismissed Facebook's case against Pedersen and the Faceporn properties. "The court has reviewed Magistrate Judge Nathanael M. Cousins? report and recommendation regarding [Facebook's] motion for default judgment," White wrote. "The court has received no objections. The court finds the report correct, well-reasoned and thorough, and adopts it in every respect. Accordingly, the court denies [Facebook]?s motion for default judgment and dismisses this action for lack of personal jurisdiction." Officials at Facebook, which just last week made its initial public offering, did not comment to XBIZ by post time. Pedersen did not immediately respond for comment. http://www.xbiz.com/news/148760 __________________ The Affiliate Program

05-22-2012, 04:17 AM	#2
Phoenix BACON BACON BACON Industry Role: Join Date: Nov 2002 Location: Poems everybody, the laddie fancies himself a poet Posts: 35,457	that is good news for people being sued for owning a domain with a common word in it...that someone else owns. ahem ahem __________________ Skype Phoenixskype1 Telegram PhoenixBrad https://quantads.io

05-22-2012, 04:26 AM	#5
nextri Confirmed User Industry Role: Join Date: May 2004 Location: Norway Posts: 1,661	Feels good to finally get this out of the way, and focus on the future. It's a good day! And to those who said I'd get a new asshole torn by this.. __________________ DivaTraffic - Traffic for Models

05-22-2012, 04:36 AM	#6
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05-22-2012, 08:26 PM	#14
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05-22-2012, 04:23 AM	#4
Markul Likes Pie Industry Role: Join Date: Dec 2007 Location: The land that liberated porn Posts: 12,402	Good news in my book, IP's is being stretched too far in so many cases.

05-22-2012, 06:16 AM	#9
Love Sex Confirmed User Join Date: Nov 2004 Posts: 1,905	Face porn did copy the original facebook site which is why the lawsuit started. The site was later changed after the lawsuit

05-22-2012, 08:03 AM	#12
CyberHustler So Fucking Banned Industry Role: Join Date: Feb 2006 Posts: 25,214	congrats

05-22-2012, 08:40 PM	#16
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05-22-2012, 09:13 PM	#17
Horny Guy Confirmed User Join Date: Jan 2002 Location: Hervey Bay QLD Posts: 1,677	must be the week for it .. i know someone that beat girls gone wild in trademark battle also and won to keep the domain name ...so far anyway __________________ Great hosting and Lots of Ip's

05-22-2012, 10:48 PM	#18
Django So Fucking Banned Industry Role: Join Date: Jul 2010 Posts: 2,578	congrats