Is this domain legal?

12 years ago

Alternatively would it be legal to have the domain

UnfriendedOn

but have the title, header, and such things all say "Unfriended on Facebook"

(this is not the domain I am interested in buying, but something similar)

Thanks

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Dapplecreek

12 years ago

Dunno about legal, but expect a letter from Facebook (or, in your case, whoever the big guy is). As I recall, Facebook was going after anyone using Face___ or ___book. Remember that anyone can sue you for anything, and it's your problem to try and defend yourself. The reason folks don't get sued more often is that it's a pain (and expensive) to get a lawyer to file the suit: if you have lots of lawyers on staff already, it's lots easier.

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frlane

12 years ago

I can't imagine it's illegal, or why would it be available for sale. I guess I'd better be careful, as I own GooglePlacesMagic.com

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sbucciarel

Banned 12 years ago

Originally Posted by frlane

I can't imagine it's illegal, or why would it be available for sale. I guess I'd better be careful, as I own GooglePlacesMagic.com

The registrars do not take responsibility for people registering trademarks. It's up to the buyer to see that the domains that they are registering are not trademarked. Google can, of course, come after you at any time.

@OP
Facebook aggressively pursues anyone using their trademark, as do many companies, so I would avoid the legal headaches.

Thanks
1 reply

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theimdude

12 years ago

Originally Posted by sbucciarel

The registrars do not take responsibility for people registering trademarks. It's up to the buyer to see that the domains that they are registering are not trademarked. Google can, of course, come after you at any time.

@OP
Facebook aggressively pursues anyone using their trademark, as do many companies, so I would avoid the legal headaches.

I had a few search domain with "google" in it blackgoogle.biz etc when blackgoogle made news and google never bothered me. Seem they not to worried about it. Dropped them as I was not getting the expected traffic

One registrar that protects itself is godaddy. Try and register anything with the words "godaddy" @ godaddy and you won't get anywhere

...........then again who would want to register a domain with godaddy as part of it except BoB :rolleyes:

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sbucciarel

Banned 12 years ago

Originally Posted by theimdude

I had a few search domain with "google" in it blackgoogle.biz etc when blackgoogle made news and google never bothered me. Seem they not to worried about it. Dropped them as I was not getting the expected traffic

Getting away with it for a time does not mean that there is no risk. Google has defended it's trademark in many cases, including a lot of IM'ers who launched "Google" courses/ebooks.

In addition, Amazon will ban your account if you send traffic from a domain with a trademark in it when they discover it.

Adwords and Adsense take all trademark complaints from trademark owners quite seriously and will ban your accounts if you use them and a complaint is made.

A lot of ad networks do not allow use of trademarks in domains when promoting their ads.

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Sillysoft

12 years ago

Facebook I believe sued TeachBook.com for having book in the title.

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frambles

12 years ago

You would be using a trademark in your domain (Facebook) which they obviously protect so if registered, I'd say expect a dispute on it!

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Eduard Stinga

12 years ago

There's probably a reason why you don't really see any big and successful sites having the words Facebook, Google, Microsoft, Yahoo, etc. in their domain name. But I might be wrong, I've no real idea about this legal issue, I'm just basing my argument on what I see around me.

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problog

12 years ago

I used to own a domain with Facebook in it and I got an email from them stating that it's not allowed. The domain was already expired when i got the email so I didn't have to do anything other than replying that I no longer owned it. I would definitely steer clear of trademarks, company names, etc.

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GarrieWilson

12 years ago

One registrar that protects itself is godaddy. Try and register anything with the words "godaddy" @ godaddy and you won't get anywhere

I own two GoDaddy domains. LeaveGodaddy.com and GodaddyWatch.com (might be .orgs I forget)

I had them parked and GD asked they not be parked so they got unparked. They never asked for them. I plan(ed) making a site telling GD horror stories but never got around to it.

...........then again who would want to register a domain with godaddy as part of it except BoB

Me.

OP: Try something like "unfriendthem" or use FB instead of Facebook, maybe.

Garrie

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MortgageLender

12 years ago

Facebook legal sent me an email for the domain MarketingonFacebook.net - if you have Facebook in the domain then you'll have issues

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TCrosby

12 years ago

So I'll ask this again...

What if it is not used in the domain, but used in your website title, and header tags?

Thanks
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sbucciarel Banned 12 years ago

Originally Posted by TCrosby

So I'll ask this again...

What if it is not used in the domain, but used in your website title, and header tags?

If you're worried about the legality, go to the company and ask them. You'll get the best answer directly from the horse's mouth.
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- Black Hat Cat Banned 12 years ago
  
  Originally Posted by sbucciarel
  
  If you're worried about the legality, go to the company and ask them. You'll get the best answer directly from the horse's mouth.
  
  Say whaaaaaaat?
  
  Thanks
  
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RalphManer

12 years ago

I dont see why it would be illegal. You are not pretending to be Facebook. How is it any different from having a website "alternatives to adwords"? But, I might be wrong.

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davezan 12 years ago

Originally Posted by RalphManer

I dont see why it would be illegal. You are not pretending to be Facebook. How is it any different from having a website "alternatives to adwords"?

Three words: likelihood of confusion. That's what trademarks aim to prevent from
happening, especially if those domain names are arguably to make money off their
trademark namesakes without their holders' permission.

To the OP: why would you even consider registering that? You might pull it off if
there are no hints of commercial use whatsoever, but you sure that's worthwhile?

As sbucciarel said, though, you can always ask them. Oh, and disclaimers don't
necessarily shield you against infringement claims.
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sbucciarel

Banned 12 years ago

Read the whole page. It might give you a better understanding of trademarks. It's not a good idea to try to get legal advice from a forum of Internet Marketers rather than from an attorney, but there's plenty of trademark information available via Google.

Domain Name Disputes & Domain Name Law

6th Circuit OKs Trademark in URL

The presence of a trademark in a web page's URL post-domain path does not violate federal trademark law.

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GarrieWilson

12 years ago

Not legal advise....

You would need to make it clear that you aren't associated with in any form, endorsed by, etc.

An attorney can write you a disclaimer.

BUT...

Why limit it to a specific site?

Call it "tothecrub" and then it can work for multiple sites.

Garrie

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Robert Bridgen

12 years ago

do not use it save yourself a lot of trouble I used ebay in my domain name and got a nasty letter from ebay. Also if you change your name to facebook then you can use it. Wedgwood went after a little girl and her father but found out that her name was Wedgwood so they come up with a agreement to use the site and she get paid a commission.

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Jordan Kovats

12 years ago

Hey if your pockets are deep enough and you have all the free time in the world, then sure, go ahead, do whatever.

If not, talk to a lawyer, probably not worth the risk.

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danfac2012 12 years ago

Why waste your time & money to create something that you know it will probably create trouble for you if those big boys decide to take action againts you.

I wouldn't do it if I were you coz I want to sleep peacefully at night.
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Woodward82

12 years ago

Yep, we are not lawyer. Just hop in the yellow pages most lawyers offer a free consultation. Good luck

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FNHPWR11

12 years ago

I would stay away from that one myself.. I envision nasty letters.

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TMercT

12 years ago

I do not think it is a good idea at all, for what its worth, definitely not. Facebook is a huge company, and if you register that domain, not long from now you will feel a multi billionaire's backhand, in terms of lawyers etc.

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Horny Devil Banned 12 years ago

The words 'face' and 'book' are two of the most common words in the dictionary and as such cannot be protected by copyright in the context of being used to describe what they refer to.

In other words, if they are used in conjunction to describe your service or products which are specific to you, then Facebook can sue all they like. Their case would be thrown out and you would receive costs and compo (compensation, for the yanks )

As an example, if you published books in the shapes of faces (which is a good idea in principle but horrendously expensive in practise), then you can legally incorporate the words 'face' and 'book' in your business name, although you would need to differentiate from Zuckerberg's Facebook by possibly inserting a hyphen . . Face-Book, or Face-books, or even Faces Books.

Here is an example, although it would be equally relevant if you penned a normal shaped book entitled 'All About Faces', which incidentally has been published.

Likewise, lets assume you were a sculptor, or even a papier-mache artist, whatever, then provided the words are directly related to your work or business, common words cannot be held up as a copyright infringement. Always remember though that some slight deviation in punctuation is recommended, and necessary.
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- davezan 12 years ago
  
  Originally Posted by Horny Devil
  
  In other words, if they are used in conjunction to describe your service or products which are specific to you
  
  And not likely to be confused with its trademark namesake, more so unique and/
  or famous ones like Facebook. If you utilize face or book in the context of social
  networks, which is what Facebook takes action against for now, expect trouble.
  
  They may have recently lost one against FacePorn, but that's not stopping their
  efforts.
  
  Thanks
  
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  David
  
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MaggieDavid

12 years ago

I would ALWAYS err on the side of caution, Large companies, small companies do not like you using their name, Most are registered and have trade names.

Find some thing else. there are other ways you can get around your concept I am sure.

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bacardi

12 years ago

Best to stay away from this unless willing to fight it out when they come knocking. Otherwise will be a waste of hard work for you.

I remember about 10 years ago, maybe more. A company called perfumebay were challenged by ebay simply cause the last 4 letters spell ebay, pretty crazy.

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Simon Ashari

12 years ago

Perhaps use 'fb' instead of facebook.

It may or may not be right that they pursue you if you register 'facebook' in a domain. But having said that, they sure as hell have more money than you do if this goes to court.

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zerofill

12 years ago

There was a CPA offer that had issues with unfriending on Facebook type domain name. So needless to say... The cash they were pulling in, and they still quit, makes me think don't bother. Pick a different domain name without Facebook in it.

I have had domain names that had company names in them before. Companies I never heard of. They would send me a letter and I would tell them to get bent or buy it from me. Because I wasn't causing confusion in the market place. Seeing as how my sites were nothing even remotely similar.

However, I am guessing the domain you want is specifically targeting Facebook users. Thus they can always claim confusion in the marketplace.

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Is this domain legal?

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