Facebook VS Faceporn lawsuit. How much will they demand?
 

So... I'm being sued by facebook. Their lawsuit is of course frivolous. But they got a bit larger budget to spend on their lawyers than I do. How much do you think I'll be owing them if (and when) I lose?

I'm looking forward to it...

1,000,500 $.

You will owe $1 per picture of girls making the duck-face.

You're screwed :(

So... it's about the word "face" in your domain? That's ridiculous but I guess money talks. Sorry to hear that man, keep strong and be good hope.

They'll be busy for a while

FacePorn.com (registered and active website)
FacePorn.net (registered and active website)
FacePorn.org (registered and active website)
FacePorn.biz (registered and active website)
FacePorn.info (registered and active website)
FacePorn.us (registered and active website)

You'd think they'd go after sites like http://facebook.info/ 1st

Fuck, I hate hearing that Nextri. :(

Depends on the exact situation I would suppose. I mean, like, were you also trying to have the look and feel of facebook with your site? I mean If your site and facebook's were only vaguely similar then you may have a leg to stand on.

I don't remember seeing it, so I can't really know what the story was and what it could possibly end up being.

I sale http://www.facepalm.com

so they are going after everyone with "face" in the domain? wtf?

thought the site originally looked like facebook and promoted itself as a facebook for porn?

i dont see why you are worried. you have a tube and they dont have a trademark on the word "face". its not even a possible typo. any nube lawyer should get you out of that.

i would be more worried about other legal problems coming after you win. that fatorossi lawyer guy on here once said that if u get sued or want to sue somebody u have to make sure all back taxes are paid and all your legal paperwork is up to date - just to walk into court.

u could also get in trouble in your local community for running a porn site.

i'd be more worried about that shit than if they are going to win a case based on having the word "face" in your name.

are these guys next?
http://www.facecouncil.org/

millions probably

I don't see any legal grounds for a case. Have they served you with a cease and desist letter or filed a case?
I have cease and desists letters from top companies coming in once a month.

yeah. long time ago. they filed the lawsuit in oct. so it's happening..

yeah, i got a whole bunch of them, but they are only suing for .com

the site is live on these:

and i have the content for it...
http://i415.photobucket.com/albums/p...seFacepalm.jpg

Is this true?

Cause if thats the case it would be a bit diffrent then just a tube lol

It did look like facebook and thats why their going after them not for the word face.

you registered the name to lift with them on their succes. Logical action.

just make them buy it form you

That would not be a good idea. They they could easier prove bad faith, and get the domain handed over to them for free.

:2 cents:

The only reason you used the word "face" was to profit from their name. Your site was designed to replicate the feel of their property. Your site portrays their site in a negative way. I think you are fucked.

Close the site and try to disappear ...... The legal nightmare is just starting.



.

there are plenty of porn related reasons to combine the word face and porn.


Is there any difference between this and the ton of "tube" sites, clearly inspired by youtube, and all sites starting with "you" like youporn? Should they all be closed down as well?

Ask a lawyer then.

If the site was 100% facials I could see your point.

Good luck with it, eller lykke til hehe

Takk for det :)

They will make an example out of you.

Here is a good common sense test for you. If not for facebook would you have picked the name faceporn? Is your last name "face"? Were you running a business previous to facebook with the name "face" in it? Didn't think so.

You picked the name to bootstrap off of a successful business. You know you did.

Your business can also be argued to negatively reflect on facebook. The best thing to do is shut it down and avoid the money grinding legal nightmare that will soon start.

Good Luck Man, Not Cool

:2 cents:

I hate to say it, but they very much will, to the full extent and then they'll make sure the slamming goes public.

that won't be enough that's for sure....
http://m3.faceporn.com/1jv/6/9/4gy3/...n-102_full.jpg

At best one hour of legal representation.

They want him gone. Money is not their goal.

.

oh man, face fucking niche is doomed

lindows.com did exactly the same thing with windows


the judge ruled that you can't buy a word or phrase out of the dictionary no matter how much money you spend on promoting it



when you go to court make sure to play the speech MZ stated when he made his hot vs hot rating script

where he clearly called the online directory of each res a facebook

lol ......

they are prob checking wayback machine for stuff like this

http://img818.imageshack.us/img818/8296/dafn.jpg

maybe change your favicon so it looks nothing like the fb logo and change your sig and anything that mentions facebook in it. Whos to say they dont know or wont look for forums or other stuff with your name on it.

i googled faceporn.com and this was on the first page.

http://www.scribd.com/doc/39928644/F...cebook-lawsuit

best of luck wit everything.

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.

Ja lykke til herfra as well :)