Website Facebook violation?

20 replies
I had an e-mail from Facebook today stating that my website is violating their copyrights. They told me take it down. But I see so many websites similar to mine, and my website is about selling social media services from many other medias like youtube, twitter and Pinterest. It is an ecommerce site. These are bits of th eletter I got:

"Accordingly, we were concerned when we learned of your registration and use of fans-tastic.com. As we hope you can appreciate, protection of its trademarks is very important to Facebook. Your registration and use of fans-tastic.com violates the Lanham Act (15 U.S.C. 1051 et seq.) because it infringes and dilutes the famous Facebook trademark.

Infringement occurs when a third party’s use of a company’s trademark (or a confusingly similar variation thereof) is likely to confuse consumers as to the affiliation, sponsorship or endorsement of the third party’s services. Trademark dilution occurs when a third party’s use of a variation of a company’s trademark is likely to lessen the distinctiveness of the company’s famous trademark.

We have filed several proceedings before the United Nation's World Intellectual Property Organization's arbitration panel. Facebook has prevailed in each case and the domain names at issue were all ordered to be transferred to Facebook. Facebook is concerned that your unauthorized use of the Facebook name may cause confusion as to whether you or your company’s activities are authorized, endorsed or sponsored by Facebook when, in fact, they are not.


This the website I'm talking about here==>http://fans-tastic.com/
Anybody had this same problem or any help would be appreciated.
Thanks Warriors.
#facebook #facebook abuse #violation #website
  • Profile picture of the author sparkah
    I put up a youtube video showing people how to download Rosetta Stone from Pirate Bay.

    Rosetta stone had my video removed on grounds of copyright violation.

    It wasn't I didn't even show the logo.

    Companies use this tactic all the time hoping you don't fight back.

    FIGHT BACK!
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    • Profile picture of the author THK
      Originally Posted by sparkah View Post

      I put up a youtube video showing people how to download Rosetta Stone from Pirate Bay.

      Rosetta stone had my video removed on grounds of copyright violation.

      It wasn't I didn't even show the logo.

      Companies use this tactic all the time hoping you don't fight back.

      FIGHT BACK!
      I don't get it...Pirate Bay is a site for illegal downloads. You made a "tutorial" on how to use that site to download something illegally and got your video removed. Now you are complaining about what exactly?
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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by sparkah View Post

      I put up a youtube video showing people how to download Rosetta Stone from Pirate Bay.

      Rosetta stone had my video removed on grounds of copyright violation.

      It wasn't I didn't even show the logo.

      Companies use this tactic all the time hoping you don't fight back.

      FIGHT BACK!
      A tutorial on how to steal a company's product is far different than what he is doing. Your video should have been removed. :rolleyes:
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  • Profile picture of the author butters
    Originally Posted by iPresenceBizSolutions View Post

    Your domain name and "Facebook" are not homonyms. Which part of the Intellectual Property Rights could you have violated?
    Have to agree here but of course I am not a lawyer, this seems a bit of a stretch to ask you to take down your site based on a page you have on it. Be interested to here one of the legal lawyers views on this. If this was the case, then wouldn't the social media section of this forum infringe on copyright and all them FB products out there.
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  • Profile picture of the author MatthewWoodward
    Hi,

    I doubt its the domain thats the problem, but the usage of the facebook logo and screenshot of the homepage etc etc
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  • Profile picture of the author Deezign
    Hi there.

    Just found out that your site has been sold on Flippa 5 days ago. If you are its new owner, you might be able to get your money back. Just contact the seller and let Flippa / Paypal know about the letter you received from Facebook.

    However, as a lot of members mentioned, Facebook is usually sending these kind of emails to scare people.
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  • Profile picture of the author Pete Lauder
    According to 15 USC § 1051 - Application for registration; verification | Title 15 - Commerce and Trade | U.S. Code | LII / Legal Information Institute The trademark concerned can be protected, at any time.

    You could rework the logo, and advertise FB likes, rather than Facebook.

    They just don't like your service, so are trying to bully you with the Lanham act.

    Maybe if you put your salespage into video form, host it on Youtube, then Facebook would have to sue Google, to have it taken down.

    Nice site, by the way.

    Pete
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  • Profile picture of the author Rob Whisonant
    Facebook is going after any site that sells Facebook likes tooth and nail. That could be why they are going after you.

    Selling likes violates their TOS and they don't like it to the point they will spend big money to crush people selling likes.

    Re's
    Rob Whisonant
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  • Profile picture of the author SunilTanna
    Originally Posted by DenRich777 View Post

    [B]I had an e-mail from Facebook today stating that my website is violating their copyrights. They told me take it down. But I see so many websites similar to mine, and my website is about selling social media services from many other medias like youtube, twitter and Pinterest. It is an ecommerce site.
    No they say you are violating their trademarks, not their copyright. There is a big difference between the two.

    It's also not entirely clear whether they a claiming your domain name is itself an infringemen, or your activities, or the combination of the two, or both separately.

    Such details are important.
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  • Profile picture of the author onSubie
    Originally Posted by iPresenceBizSolutions View Post

    Your domain name and "Facebook" are not homonyms. Which part of the Intellectual Property Rights could you have violated?
    If you visit the site you will see he is using all their trademarked logos.

    You can use their logos on your site so long as you are complying with their ToS. i.e. They are links to facebook or Twitter or promote your own page or feed.

    His site is selling fans and followers in violation of the ToS. In addition he is using their trademarked logos as links to his unauthorized services.

    It looks like his use of their trademarks is illegal.

    Edit: The reason is pretty clear

    Infringement occurs when a third party’s use of a company’s trademark (or a confusingly similar variation thereof) is likely to confuse consumers as to the affiliation, sponsorship or endorsement of the third party’s services.
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  • Profile picture of the author sbucciarel
    Banned
    From what I could see, Facebook has not trademarked "fans". You are using their trademark and screenshot on a site that sells fans, which is something they are going after big time. They probably have the right to tell you to remove their screenshot and logo and name from the site.

    They've sold a million of these sites on Flippa. Wonder if they all are having the same problem.
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  • Profile picture of the author jjpmarketing
    My suggestion would be to hire a designer to come up with non trademarked logos for your products. While you may think it to be harmless, the site has near identical replicas of each of the social media logos. All of the logos are definitely trademarked. Other services have gone after people's accounts for the same service either through use of this type of service or sale of that type of service. Even if you did make the changes as suggested they may still attempt to go after you on the basis of it being a violation of their respective website's TOS as someone mentioned earlier. Facebook, much like Google wants the likes and rankings to be authentic, not paid for with 3rd party services like that. If they allowed this type of service to happen they would just sell it themselves. Just a thought.
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  • Profile picture of the author Andy Fang
    Best bet would be to call fb support at this point. It'll be settled a lot faster.
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  • Profile picture of the author DenRich777
    Thanks for all the feedback guys. Yes I think they were after photos and logos of their company. I did reply back to their message but haven't received anything from them yet. I did some modification on the logo and removed the front page shot of the FB. Hard to know if it's good enough to pass their copyright of the design. I just hate to take it down, I put alot of work on this website. Any advice from designers for a design that would be good to pass, give me a word or two on this one..Thanks again for the feedback warriors
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    • Profile picture of the author Andy Fang
      Originally Posted by DenRich777 View Post

      Thanks for all the feedback guys. Yes I think they were after photos and logos of their company. I did reply back to their message but haven't received anything from them yet. I did some modification on the logo and removed the front page shot of the FB. Hard to know if it's good enough to pass their copyright of the design. I just hate to take it down, I put alot of work on this website. Any advice from designers for a design that would be good to pass, give me a word or two on this one..Thanks again for the feedback warriors
      ThemeForest has a lot of good ones.
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  • Profile picture of the author sbucciarel
    Banned
    It looks like the facebook logo is still there underneath the slider and you're still using the word Facebook in your copy. I would remove the word facebook and use fb instead. Get rid of the logo and recreate it to say fb and not in the same font facebook uses for their logo. Not saying this will clear you, but it's worth a try. Many sites that sell facebook this or that uses fb to get around the trademark issue.
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  • Profile picture of the author sbucciarel
    Banned
    ... oh, and that little thumbs up graphic belongs to Facebook. Get rid of that.
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  • Profile picture of the author John Collins
    I see on Flippa https://flippa.com/2886418-pr-1-soci...-making-300-mo you are not the buyer but the Seller.

    Take the threat of legal action seriously - can you afford litigation because Facebook can. Facebook is suggesting legal action via United Nation's World Intellectual Property Organization's arbitration panel and U.S Court. Even if a word isn't copyrighted or a trademarked, the way the public connects the word to an entity like Facebook in the context of a claim, by combining this domain name, images, text and services may be interpreted as perceived infringement and enough to file a claim. The question is, do you feel lucky. They have probably already downloaded a copy of your site, taken screenshots and video taped it too. Facebook may have even been a customer of yours to get more evidence. I see the site has been operational for a while, even if you comply they could probably recover damages. Best of luck.
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