face50.com don't sue me.

Just curious, do you own dafuckbook.com?

Nope

....

oh was just curious,

i did a search for faceporn.com dns info and i saw this,
Domains using the same Analytics account as faceporn.com: hollywoodshake.com, thatsfucked.org

thatsfucked.org has a link to dafuckbook.com and the link says facebook of sex on the nav.

just trying to be helpful and find anything that they may use against you

plus wasnt it originaly had the same colors as facebook and logo modified?

im sure they screencapped it, it may have changed now, but they profited off their brand for months.

So you're still running your own dating site off that domain and soliciting members?

Then again, you either fold up and sell or redirect the site or change content entirely or give em the domain and beg for forgiveness (best move imo unless like Bob Dylan said, "you got nothing to lose" monitarily or asset wise)

OR you keep competing with them which is prob not the smart thing to do IMO but i do not know your financial condition.

The time to stay out of court is now and doesnt look like you intend to do that having the site up.

You should have buckled when they sent the first c&d and gave them the domain unless you wanted to fight this in court. You hate to lose all your work but..

If you registered your name and dating site before they did then you might have a real good chance. But I am no lawyer.

Good luck.

There is a difference between a dating site and a social network. At least acording to zuckerberg. He argued that the twins were planing a datingsite, and Facebook wasn't that. It's a network to keep in touch with your friends.

Ok real good then you have a better chance. Seems like you are planning to fight this and the q you want to know is if you lose how much can they get?

So maybe I was a little off base in my other post. :)

In answer to that. If you lose they could prob get large judgement.

The good news (sort of) is a bankruptcy will render all judgements null at the time of filing the br. Sooo as long as you dont have much to lose it is worth fighting. If you have lots to lose than that is your choice to make.

So these asset factors are very important. They have prob looked into you and feel you have assets thus the likelyhood of you fileing BR is nill (as you would lose most of your assets)

If you have no assets, they may be bluffing.

If you have no assets you hold the Joker in the game of 500. You have a gauranteed last trick that will protect you.

Being poor.. is a powerful weapon in our society. Being rich.. you got to walk on eggshells.

It doesn't matter if nextri loses, wins or is at a legal standstill for years. Facebook will bury him in legal fees. IMO, his best move is to rebrand his site, inform all his members/visitors about the change and hand the Faceporn domains over to Facebook.

Some good points.
I don't really have any assets they can go after. So when people say I have nothing to gain and everything to loose, I don't really see it that way. I don't think they are suing me to get any money from it. It's more because it's a part of their IP strategy to strengthen their trademark.

I read a really interesting article about it:
http://ipassetmaximizerblog.com/?p=1118

You know you would have never used the word face if it wasn't for facebook. Period. Everyone else knows it as well. You are fucked and getting shitty legal advise to have stayed in an obviously losing and wrong position.

It doesn't matter why i chose the word face. they have trademarked the word facebook, not the word face. And the fact that the word face is such a common word, doesn't make their case better.

How exactly am I fucked? If I don't have any assets, what exactly do I have to loose?

Guess how much the guy they sued who got a $873 million judgment against him ended up paying?

You are missing the obvious point! Good fucking luck you will need it.

certainly not your mind.. that much is clear.

haha. funny..

Not on this side of my monitor it isn't

I think it's a shame to have seen you build up a pretty successful business over the years only to throw it all away because of your own arrogance and greed.

A real damn shame.

serious that script was word for word what he posted on his blog at the time

it shows both prior art use of the term facebook

and knowledge of that prior art

that being said nex should have bought insurance to cover the cost of the legal expense

like lindows.com did

they knew they were going to get sued so they bought insurance to cover the cost of the legal fight

basically the insurance company foot the bill for the case.

however barring that you should definately hire the legal team that one that case.

you have a pretty good arguement to invalidate the trademark completely

which is the reason why microsoft settled the case for 10 million dollars + all legal expenses

Free free free :1orglaugh

Seeing a shrink wouldn't be a bad idea for you either.

He is the most anti-business person there is. I'll bet he even tries to fuck the pizza delivery guy.

.

:1orglaugh AND THEn CRY 'FAIR USE' :1orglaugh :1orglaugh

It doesn't matter if Nextri has a case or not. What matters is that he now has to spend alot of time and money fighting the case. Facebook has an unlimited budget and can "prove" just about anything. Nextri, you might be better of settling with Facebook then fighting them.

Something tells me he burnt any deal-making bridge a long time ago.

Yeah. I kinda did. They weren't interested in making any deal short of a total surrender, and me paying them money.

Hire one of the legal services from GFY or talkers from one of the trade shows. Make it public here on GFY, never know who will help you out.

It will never stand in court dude. Would not worry about it, just get a lawyer to show up. If you get a Lawyer and they see you are defending they will come at you with an offer or simply give up.

Just my 2 cents.

READ YET?
http://phillipsgivenslaw.blogspot.co...trademark.html

A decent attorney can easily defend this.

where are they suing you? in the us?
My understanding of it is that they cannot come after your assets in your home country unless there is some sort of legal treaty between the us and your country. They can only try to obtain your online asstets like domain names, etc...

Good advice:2 cents::thumbsup

Yeah. They are suing in California. And there certainly isn't a treaty between US and Norway for cases like this. Which is part the reason I'm not that worried about loosing. What I am worried about is getting the domain name taken without my consent if I should loose.

If your logic is right, then wouldn't sites like, porntube.com, sextube.com gaytube.com etc.. (+ thousands of others) automatically loose as well if they got threatened by youtube? Please tell me the difference between that, and a porn site using the word face.

Pull your head out of your ass and get some air.

Tube has become generic for video site.

Face[word] is obvious hanging off the back off Facebook.

http://en.wikipedia.org/wiki/Microsoft_v._Lindows

and you morons might want to actually read the relevent case law before commenting

mz also used the term facebook before his product thefacebook.com was every released

and it was implemented by harvard, and dozens of res at dozens of universities too (in fact that where he got the name from)

the case law is on point.

great argument. makes for such a productive discussion.

ha great advice.

a porn socialnetworking site called FACEporn that used the same fonts and colors as FACEbook.

it's a slam dunk for nextri.

isn't norway part of the eu anyways?

did you even read that? it says facebook has a strong case.

Nope. And I'm glad we aren't. yet.

she said they would have a good copyright case, not trademark

that issue is a past only issue.

and if he can document an attempt to work with them on that issue, he can mitigate the damage on that.

Anything starting with Face can "face" a lawsuit?

Faceporn + unique design and site = No issue
Faceporn + site design that looks very much like Facebook = "confusingly similar" and bad faith usage. You fucked yourself with that design...changing it after the fact doesn't save you.

Octopus.com was just lost in UDRP to a business called Octopus Travel. Octopus.com was a 1-word generic domain registered since 1989. Why was it lost? Because the owner knew about Octopus Travel (which was obvious - he had WORKED there) and bought Octopus.com and put travel ads on it clearly in bad faith. Octopus.com + a site about octopus with no travel ads and he was fine. Throw in the travel ads and he lost his 5-6 figure name.

Simply put, you're going to lose. Enjoy the fight and enjoy the ensuing bankruptcy.

They own the word "face" and "book".

shutdown and stop the damages

I agree. If you bought Faceporn.com before Facebook was popular, sure I'd agree with the OP.

But if not, the OP is taking the success of FB and using it to promote porn. Also, typing in "face" in the URL bar it takes you to FB.

Since the C&D, did you (the OP) make changes to your website? Is it true the layout was once like FB? I'm guessing we aren't getting the whole story.

Yeah, there were a lot of changes made both before and after the c&d. In my opinion it wasn't confusingly similar at all. We even asked them to dictate changes on what they had a problem with and were willing to work with them. Instead of doing that, they did not respond back to us in 11 months, then they filed the lawsuit.

I still can't get it. The US copyright law is so fucked up... For example, why it's ok with Star Trek and Star Wars porn parody movies, but it's not ok with Facebook porn parody sites?

http://blog.aebn.net/wp-content/uplo...er-280x360.jpg

Could some one explain me this?

Had we made it as a parody site, and clearly gone out of our way to parody every aspect of their site, than that would probably not be a problem.
But then again, they are suing lamebook who is trying to use the parody defense.

maybe they will use it as an excuse to hold funds for plugrush customers.

wait, they already did that.