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Does anyone have any experience with Cease and Desist from Facebook?

by WarriorWasim
18 replies
Hi warriors, Does anyone have any experience with Cease and Desist from Facebook?

Please share your experience. Thanks :-)
#cease #desist #experience #facebook
  • Profile picture of the author SlfMastery
    You might want to contact Don Wilson, product creator of Facebook Ads Crack

    He had his whole Facebook Account shut down and paid hundreds of thousands in lawyer fees to settle things with Facebook. I would say he has just a "little" knowledge of the legalities of Facebook.

    Good luck with your "Cease and Desist."

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    • Profile picture of the author Kay King
      They are bigger than you are - they have fleets of lawyers that work for them only.

      If I got a cease and desist from Facebook....I would cease and I would desist.

      I choose my battles wisely - and this isn't one I would take on.
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      • Profile picture of the author nrb
        Originally Posted by Kay King View Post

        They are bigger than you are - they have fleets of lawyers that work for them only.

        If I got a cease and desist from Facebook....I would cease and I would desist.

        I choose my battles wisely - and this isn't one I would take on.
        This is excellent advice even if it amounts to a sad fact of the way the world works. In many situations like this, unless you have very deep pockets it is not worth it. It is a shame that the "smaller" guys can be pushed around like this but it is the world we live in.
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        • Profile picture of the author Kay King
          Go to court in the US and tell them someone from the UK told you it was ok and that Facebook wouldn't do anything to you.

          I'm sure that will solve that pesky trademark issue...


          It is a shame that the "smaller" guys can be pushed around like this but it is the world we live in
          I don't agree - these businesses are protecting a brand they BUILT. The "little guys" are trying to profit from the famous name - and they had nothing to do with creating that brand name.
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          • Profile picture of the author Tyler Pratt
            Just get a new domain and move on. Its not even worth it.

            Domains are not going help you make more sales.

            Its the value you in the product that will make your sales.
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          • Profile picture of the author djtrillian
            Originally Posted by Kay King View Post

            Go to court in the US and tell them someone from the UK told you it was ok and that Facebook wouldn't do anything to you.

            I'm sure that will solve that pesky trademark issue...
            Well, no one is saying that. :-o
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  • Profile picture of the author StephenGB
    Originally Posted by WarriorWasim View Post

    Hi warriors, Does anyone have any experience with Cease and Desist from Facebook?

    Please share your experience. Thanks :-)
    Why did you get it?
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  • Profile picture of the author Synnuh
    I couldn't find anything on FB Ads Reloaded getting a cease and desist... where did you hear about it?
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    • Profile picture of the author djtrillian
      I got cease and desist notices from FB last year because I had previously registered two domains for products with the word 'Facebook' in them.

      Now, these were products aimed at teaching techniques pertaining to FB so I probably could have argued that they need to contain the name as it is specific to the subject. An example would be a book like 'Facebook for Dummies' it does not compete with FB or mislead anyone and using the name is necessary to get across what it's about. There is a provision in the copyright / trademark laws for this kind of thing.

      But as I was not actively marketing the domains or products I had I didn't bother arguing with FB. (all I did was let the domains expire, there's nothing stopping me from still doing something with my products).

      At the end of the day, when it comes to lawsuits and stuff, and this is something many people forget: You cannot get blood out of a stone. When push comes to shove my guess is that their sharp and informed legal team will access the potential cost of legal action against whatever actual 'damage' is being done to their trademark. It's meaningless to sue for a hundred grand if someone doesn't have that kind of money, so all they'd get is a piece of paper for their trouble. But they are very aware of this and they choose their battles as well, so we all hear the horror stories of someone that had to pay out huge money.

      But at the end of the day you have to decide if it's worth your own trouble. If you research the pertinent laws and think you have a legal basis for keeping your site or domain or whatever then it's not going to hurt to write them a polite reply saying basically 'I believe my product does not infringe on the FB trademark due to xxxx reason supported by clauses xxx of the copyright laws'. They're not going to send ninjas over to chop your arms off :-) If they dig in their heals then you can still say OK, no prob I'll cease.
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      • Profile picture of the author Kay King
        When push comes to shove my guess is that their sharp and informed legal team will access the potential cost of legal action against whatever actual 'damage' is being done to their trademark.
        Nope - because their legal team must pursue trademark violations IF they want to keep the right to protect their trademark. It isn't about what they can get from you if you are broke - it is defending their trademark for the future.

        You have to decide not only if it's 'worth your trouble' but whether you have the money to defend yourself in court should it come to that.
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        • Profile picture of the author djtrillian
          Originally Posted by Kay King View Post

          Nope - because their legal team must pursue trademark violations IF they want to keep the right to protect their trademark. It isn't about what they can get from you if you are broke - it is defending their trademark for the future.
          That's not true. A trademark owner can be excused from taking action in the case of 'de minimis' infringers and not compromise their right to pursue others or to take action when the same infringement becomes seen as more serious.

          However, it's all a moot point because, without divulging the detailed contents of a PM from the OP, this is not a trademark issue, it is something completely different.
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      • Profile picture of the author Barry Unruh
        Originally Posted by djtrillian View Post

        Now, these were products aimed at teaching techniques pertaining to FB so I probably could have argued that they need to contain the name as it is specific to the subject. An example would be a book like 'Facebook for Dummies' it does not compete with FB or mislead anyone and using the name is necessary to get across what it's about. There is a provision in the copyright / trademark laws for this kind of thing.
        I suspect if you did some research, you'd find the publisher sought permission to use the name and received permission from Facebook.
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        • Profile picture of the author Kay King
          without divulging the detailed contents of a PM from the OP, this is not a trademark issue, it is something completely different.
          Does it really matter what it is? A 'cease and desist' means exactly that.

          The OP has found one person willing to tell him what he wants to hear - so good luck to him. I hope it works out for him.
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          • Profile picture of the author djtrillian
            Originally Posted by Kay King View Post

            Does it really matter what it is? A 'cease and desist' means exactly that.

            The OP has found one person willing to tell him what he wants to hear - so good luck to him. I hope it works out for him.
            It makes a huge difference! I spoke about a scenario involving a trademark infringement claim for which I gave a specific example, in which case someone MAY (or may not) have a legit position to explain to them and see what they say. I later found out via PM this is not at all a trademark issue, so it's all a moot point.
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  • Profile picture of the author winnermarketing
    Hallo, I post a link:
    https://www.facebook.com/help/commun...35608636546051
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  • Profile picture of the author namehero
    Originally Posted by WarriorWasim View Post

    Hi warriors, Does anyone have any experience with Cease and Desist from Facebook?

    Please share your experience. Thanks :-)
    If FB sent you a C&D I highly advise you take down or stop what you're doing wrong. I could tell some horror stories, but no need to start those conversations.

    Facebook/Google/Apple can TRACK you. So best to stop rather than trying to fight a multi-billion dollar company.
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    • Profile picture of the author WarriorWasim
      Originally Posted by namehero View Post

      If FB sent you a C&D I highly advise you take down or stop what you're doing wrong. I could tell some horror stories, but no need to start those conversations.

      Facebook/Google/Apple can TRACK you. So best to stop rather than trying to fight a multi-billion dollar company.
      Hi, Namehero I've sent you a PM message so please check it out.Thanks :-)
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  • Profile picture of the author ChrisNosal
    Banned
    It means just stop.
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