Can I use "Facebook" in a domain name?

127 replies
Hey guys,

Does anyone know whether I can use Facebook in a domain name or is it copyright infrigement or something?

Cheers
#domain #domain brand #domain trademark #facebook
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  • Profile picture of the author kimwriter
    Clear case of Copyright infringement, you'll get your a** sued, don't entertain the thought for one second.
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  • Profile picture of the author Michael Oksa
    You COULD try...

    www.PleaseDontSueMeFacebook.com



    ~M~
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  • Profile picture of the author Zentech
    No, don't try it.
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    • Profile picture of the author All Night Cafe
      No you can not. Their are stories, bad stories
      of facebook suing people.

      Just don't do it.
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  • Profile picture of the author Rukshan
    Don't do it. You will be in trouble.
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  • Profile picture of the author sambakker
    Wow ok thats pretty clear. These guys are getting sued pretty bad then quitfacebookday.com
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    • Profile picture of the author Mike Grant
      Originally Posted by sambakker View Post

      Wow ok thats pretty clear. These guys are getting sued pretty bad then quitfacebookday.com
      Site is only 2 weeks old. You'll see it either disappear or you'll hear about the suit.
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    • Profile picture of the author E. Brian Rose
      Originally Posted by sambakker View Post

      Wow ok thats pretty clear. These guys are getting sued pretty bad then quitfacebookday.com
      Quitfacebooktoday.com may fall under the blanket of fair use, because it is a consumer advocacy site, similar to PayPalSucks.com, ScrewPayPal.com, and the like. An attorney would be able to answer better.

      I am assuming that you are asking about using "FaceBook" in a domain that would be about making money on FaceBook. That is a definite no-no.

      Edit: I just noticed that Gene answered similarly above.
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  • NO Bro.. Please never try that
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  • Profile picture of the author brieat
    Don't do it. There was this one kid who had the domain name "mikerowsoft" and Microsoft actually sent him a letter to give them his domain name LOL.

    You're welcome to do similar sounding names, like lamebook, openbook, orangefacebook etc
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  • Just a thought: I wonder if companies pay when they ask you to give over a domain name. Would they? After all, you paid to register the domain. Would they at least compensate you for what you spent to register?
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    • Profile picture of the author MisterMunch
      Originally Posted by affilorama-portal View Post

      Just a thought: I wonder if companies pay when they ask you to give over a domain name. Would they? After all, you paid to register the domain. Would they at least compensate you for what you spent to register?
      And if someone get cought robbing your house, do you pay them the gas money they spent to get there?

      Using a trademarked term in a domain name is not legal, and you should be happy if you can buy yourself dinner ever again.

      Well, see you all in tomorrows "can i use companyname in my domain name" thread.
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      • Profile picture of the author Myles Sinclair
        There do seem to be cases where company names are being used with impunity. http://www.microsoftsucks.org/ - McDonalds Sucks and PayPalSucks.Org, Home of the PayPalSucks.Org Cartoons & critical commentary on PayPal.com are just three that I found very quickly.

        They are not exactly complementary about the companies they have targeted, so there must be a reason why they haven't been shut down. They are not making any money out of the use of the company name in the domain, so maybe that is a factor. The Microsoft site seems to have been going since 1997!
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        • Profile picture of the author Gene Pimentel
          As you've pointed out, there are several ways you are permitted by law to use someone else's trademark in a domain name. The point is you cannot profit in any way from the use of someone else's trademark, or cause consumers to think you are associated with the trademark owner. I'm not a lawyer and this is not legal advice... just my personal understanding.

          Originally Posted by Myles Sinclair View Post

          There do seem to be cases where company names are being used with impunity. http://www.microsoftsucks.org/ - McDonalds Sucks and PayPalSucks.Org, Home of the PayPalSucks.Org Cartoons & critical commentary on PayPal.com are just three that I found very quickly.

          They are not exactly complementary about the companies they have targeted, so there must be a reason why they haven't been shut down. They are not making any money out of the use of the company name in the domain, so maybe that is a factor. The Microsoft site seems to have been going since 1997!
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          • Profile picture of the author WD Mino
            Originally Posted by Gene Pimentel View Post

            As you've pointed out, there are several ways you are permitted by law to use someone else's trademark in a domain name. The point is you cannot profit in any way from the use of someone else's trademark, or cause consumers to think you are associated with the trademark owner. I'm not a lawyer and this is not legal advice... just my personal understanding.
            Hi Gene,

            As I understand it of course I am far from a lawyer.you cannot use these kinds of derivatives either.
            Mike F just took a domain name of mikefilsaimesucks.com

            you can and probably will be sued and lose
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        • Profile picture of the author sbucciarel
          Banned
          Originally Posted by Myles Sinclair View Post

          There do seem to be cases where company names are being used with impunity. http://www.microsoftsucks.org/ - McDonalds Sucks and PayPalSucks.Org, Home of the PayPalSucks.Org Cartoons & critical commentary on PayPal.com are just three that I found very quickly.

          They are not exactly complementary about the companies they have targeted, so there must be a reason why they haven't been shut down. They are not making any money out of the use of the company name in the domain, so maybe that is a factor. The Microsoft site seems to have been going since 1997!
          It's called Fair Use. Fan Page and a Review of the Company like above, if they do not profit from the use of the name fall under Fair Use. I've got HughesNetRipoff.com.
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          • Profile picture of the author Myles Sinclair
            Originally Posted by Gene Pimentel View Post

            As you've pointed out, there are several ways you are permitted by law to use someone else's trademark in a domain name. The point is you cannot profit in any way from the use of someone else's trademark, or cause consumers to think you are associated with the trademark owner. I'm not a lawyer and this is not legal advice... just my personal understanding.
            Originally Posted by sbucciarel View Post

            It's called Fair Use. Fan Page and a Review of the Company like above, if they do not profit from the use of the name fall under Fair Use. I've got HughesNetRipoff.com.
            We are in agreement. It would seem from this that the answer to the OP question is not a clear cut yes or no, but dependent on how he hoped to use the domain.
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            • Profile picture of the author sbucciarel
              Banned
              Originally Posted by Myles Sinclair View Post

              We are in agreement. It would seem from this that the answer to the OP question is not a clear cut yes or no, but dependent on how he hoped to use the domain.
              Yes, but we are in a Internet Marketing forum and I have yet to see someone ask if they could infringe upon a trademark for a Fair Use site. You can bet that he intends to make money from the domain.
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              • Profile picture of the author Myles Sinclair
                Originally Posted by sbucciarel View Post

                Yes, but we are in a Internet Marketing forum and I have yet to see someone ask if they could infringe upon a trademark for a Fair Use site. You can bet that he intends to make money from the domain.
                You may well be right, but I have no idea what is in the mind of the OP.
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      • Profile picture of the author Alexa Smith
        Banned
        Originally Posted by MisterMunch View Post

        Using a trademarked term in a domain name is not legal
        And that is exactly why nobody should ever take legal advice here, other than from a lawyer, because it just isn't true. :rolleyes:

        As one or two of our Warrior lawyers always point out when they're kind enough to post, this is a complicated issue, in law.

        There are permitted uses (clearly), and many non-permitted uses.

        But using a trademarked term in a domain name for financial gain is a different question altogether (and that is, normally, not a good idea at all, without written permission!). You'd risk not only the loss of the domain itself, but the loss of any income you've ever derived from it, too.

        No ... I'm not a lawyer either, but as they say, available to play one on TV if the fee's right ...
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        • Profile picture of the author DireStraits
          Originally Posted by Alexa Smith View Post

          No ... I'm not a lawyer either, but as they say, available to play one on TV if the fee's right ...
          Doubt it will be (unless that lawyer also moonlights as a stripper ) ... they're a dime a dozen, these days.
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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by affilorama-portal View Post

      Just a thought: I wonder if companies pay when they ask you to give over a domain name. Would they? After all, you paid to register the domain. Would they at least compensate you for what you spent to register?
      Why would they compensate someone for using their trademarked name without permission?

      Should I pay someone for the gas he spent to get to my house to rob me, if I am home and foiled his robbery attempt?
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    • Profile picture of the author RokNStoK
      I always heard it was 'illegal' to even register a trademark violation whether you used the domain or not.

      On the other hand, in the case of 'facebooksucks.com' or similar where there is no confusion there should be no problem.

      You never want to try to 'confuse' your visitors into thinking you are associated with facebook.
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  • Don't do it. They can take it away from you anytime. Usually they start with a friendly warning followed by a C&D and then use force if you don't comply. And no, they won't pay you for your registration charges. Save it for a better name with a variation.
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  • If you get it when facebook finds it they will have it down in no time.
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  • Profile picture of the author Underground SEO
    it's not worth the risk, you could loose your site instantly, try to attack some alternative keywords in the domain.
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  • Profile picture of the author Gene Pimentel
    It's not copyright infringement at all. There's no such thing as copyrighting a word or name. It's trademark infringement. And THAT can get you into serious legal trouble.
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  • Profile picture of the author sbucciarel
    Banned
    Originally Posted by sambakker View Post

    Hey guys,

    Does anyone know whether I can use Facebook in a domain name or is it copyright infrigement or something?

    Cheers
    Are you asking our permission? Yeah, go ahead. I give you my permission to use someone else's trademarked name in your domain. The answer is obvious.
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  • Profile picture of the author johnyeo90
    Facebook may sues you for the copyright..
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    • Profile picture of the author lloyd02
      I don't understand...
      What about sites like "ipod repair.com? It says at the bottom they are not part of apple, but they clearly have ipod in the name and selling ipod stuff.
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      • Profile picture of the author Crew Chief
        Originally Posted by theemperor View Post

        For those wanting to see Al Pacino on the silver screen:

        www.scarfacebookings.com
        Martin, that was HILARIOUS! Say hello to my little friend...

        I say we take a vote and let the OP decide on which name he's going to choose and get this site crackin A.S.A.P!

        Originally Posted by Gene Pimentel View Post

        It's not copyright infringement at all. There's no such thing as copyrighting a word or name. It's trademark infringement. And THAT can get you into serious legal trouble.
        All satire aside Gene is right, BUT we have a greater problem here.

        The whole thought pattern of coming on the WF asking/seeking legal advice from individuals who have not:

        (a). Went to law school
        (b). Graduated from law school
        (c). Taken the bar exam
        (d). Passed the bar exam
        (e). Successfully practices in Trademark Law

        That my friend is a NO NO and for your sake don't get in the habit of doing it!

        The smart thing to do is called CYA; Cover Your Anatomy by getting a legal team assembled. You really want to do this if you intend on making a big splash in the business world.

        Remember, WF legal advice is Farreee for a reason and you get what you pay for.

        Now back to the satire...

        How about www.TheOriginalFaceBook.com
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      • Profile picture of the author Gene Pimentel
        Originally Posted by lloyd02 View Post

        I don't understand...
        What about sites like "ipod repair.com? It says at the bottom they are not part of apple, but they clearly have ipod in the name and selling ipod stuff.
        They either don't understand the risk or they're willing to get sued. I see people registering trademarks every day... but that doesn't mean it's okay to do or that they won't get in deep trouble if they begin making money with someone else's trademark.
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  • Profile picture of the author Mark Blaze
    Why not go for something like FBook? or FB?

    Not sure about any of the legal stuff but i was looking at getting a facebook related domain name a few week's back and the whole trademark scene scared me.

    I own a paypal domain that i shortened to pp and use their name! However before i release it im getting the legal team go over it fully.

    Mark Blaze
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  • Profile picture of the author Jon Tees
    I certainly wouldn’t recommend it. You may want to try for something similar to facebook but at the same time distinctively different from Facebook as to avoid being sued. This would be perfect if you are one of those people who wishes that facebook was either your idea or you were someone who was in on the ground floor.
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  • Profile picture of the author dolcevita
    Some company names cann being used with impunity.
    But when you use Facebook or zynga in your domain you are introuble.
    When you use hostgator,hostgator send you a email that you have to unregistering the domain from your account.They have block my account.Then i had to send a scan of my drive licence.And i had to use an other domain.
    It was an new account.So all that trouble for facebook in the domain.
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  • Profile picture of the author Steve Holmes
    If you built up a business and found other people making money from infringing your trademark, would you be happy?

    It is trademarked for a reason and your time will be better spent elsewhere - back to the drawing board my friend.

    www.getyourfaceinabook.com however may be a good educational style website to purchase!
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  • Profile picture of the author JayPeete
    Don't do it! Just look at all of the people that lost their domains that had Twitter in them.
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  • Profile picture of the author agc
    45 replies and only one or two that even come close to the truth. Geez.

    Short answer: "It all depends on what you intend to do with it."

    If you are selling a companion product or service, for example, that depends on, interacts with, and enhances the value of Facebook, AND you make it clear that you are NEITHER affiliated with FB, NOR competing against them, then you MIGHT be in the clear.

    Also, a "fair use" site such as editorial opinion about, or other reasonable fair use.

    And if you can't reasonably interpret such concepts yourself (which you can't if you're asking this on this forum), DON'T do ANY of the above w/o running it by an IP attorney.
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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by agc View Post

      45 replies and only one or two that even come close to the truth. Geez.

      Short answer: "It all depends on what you intend to do with it."

      If you are selling a companion product or service, for example, that depends on, interacts with, and enhances the value of Facebook, AND you make it clear that you are NEITHER affiliated with FB, NOR competing against them, then you MIGHT be in the clear.

      Also, a "fair use" site such as editorial opinion about, or other reasonable fair use.

      And if you can't reasonably interpret such concepts yourself (which you can't if you're asking this on this forum), DON'T do ANY of the above w/o running it by an IP attorney.
      Fair use was discussed several times. As for using it for a companion product or service, that's pure BS. Go ahead and run that one by an IP attorney, or better yet, run it by Facebook.
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      • Profile picture of the author agc
        Originally Posted by sbucciarel View Post

        Fair use was discussed several times. As for using it for a companion product or service, that's pure BS. Go ahead and run that one by an IP attorney, or better yet, run it by Facebook.
        Pure BS?

        iPodLinux :: iPodLinux

        Whatever.
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        • Profile picture of the author sbucciarel
          Banned
          Originally Posted by agc View Post

          Pure BS?

          iPodLinux :: iPodLinux

          Whatever.
          I'm sure if you look further you can find thousands of trademark infringements. You can also find instances where the trademark holder gave permission to use the trademark.

          Facebook is notorious for defending their trademark vigorously. If you really want to know if you can use it in a domain, and save yourself legal fees, just shoot them an email and ask them.
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          • Profile picture of the author sambakker
            Wow! Ok thats pretty clear, unless I wanna get sued real bad I should stay away. Haha I wana see what happens to the other sites then? Just do a google search, there are tons of them out there using Facebook in the domain.
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            • Profile picture of the author davezan
              Originally Posted by sambakker View Post

              Haha I wana see what happens to the other sites then? Just do a google search, there are tons of them out there using Facebook in the domain.
              Lots of drivers go beyond the speed limit. Do their behavior tell you whether
              something is allowed or not, though?

              Not everyone gets caught, of course. But those that do...well...
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          • Profile picture of the author Cezar R Abadiano
            Originally Posted by sbucciarel View Post

            Facebook is notorious for defending their trademark vigorously. If you really want to know if you can use it in a domain, and save yourself legal fees, just shoot them an email and ask them.
            That would be the best course of action. It doesn't cost you anything and it will help clarify what you can and can't do.

            It's better than creating something and later on finding out that you're infringing on someone else's trademark and either you take it down or get sued which is the last thing you would want.
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          • Profile picture of the author PhillTurner
            What about trying with the name of the film
            The Social Network put it in blue and might be less of a gamble
            but still I do agree don't bother not worth the risk

            Phill
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          • Profile picture of the author marga
            Here's what facebook says about trademark

            facebook.com/brandpermissions/logos.php

            Facebook Guidelines

            You can make a reference to Facebook (online and offline) to describe your presence on Facebook and your use of our products and services. Your reference must be truthful, and cannot suggest that you are affiliated with, sponsored, or endorsed by Facebook.

            Textual references to Facebook should never be hyperlinked to anything but the Facebook.com login page.

            Never combine your name with our name.

            Facebook should be in the same font size and style as the other content.

            When referenced in text, Facebook should be capitalized.

            When inviting users to like your Page, say 'like our Page' or 'become a fan by clicking Like on our Page'. Do not invite them to 'friend' your Page - users can only become friends with other users.

            Do not use Facebook, or any other of our trademarks, as a verb. And don’t pluralize them either.

            Trademarks may not be modified in that manner.

            When referring to Facebook as the method by which you are organizing an event, you must make it clear that you, and not Facebook, are responsible for the event.
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            • Profile picture of the author Michael Oksa
              Originally Posted by marga View Post

              Here's what facebook says about trademark

              facebook.com/brandpermissions/logos.php

              Facebook Guidelines

              You can make a reference to Facebook (online and offline) to describe your presence on Facebook and your use of our products and services. Your reference must be truthful, and cannot suggest that you are affiliated with, sponsored, or endorsed by Facebook.

              Textual references to Facebook should never be hyperlinked to anything but the Facebook.com login page.

              Never combine your name with our name.

              Facebook should be in the same font size and style as the other content.

              When referenced in text, Facebook should be capitalized.

              When inviting users to like your Page, say 'like our Page' or 'become a fan by clicking Like on our Page'. Do not invite them to 'friend' your Page - users can only become friends with other users.

              Do not use Facebook, or any other of our trademarks, as a verb. And don't pluralize them either.

              Trademarks may not be modified in that manner.

              When referring to Facebook as the method by which you are organizing an event, you must make it clear that you, and not Facebook, are responsible for the event.
              I'm no lawyer, but a lot of those do not seem like things Facebook could sue you for. Some, yes. All, no.

              However, they could certainly suspend or delete your account if you don't follow them...or for any reason at all for that matter.

              All the best,
              Michael
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          • Profile picture of the author matyko
            Hi,

            I have a domain that has 'facebook' in it... [Its a .org]
            I was looking up the FB's trademark page when I regged it, and thought it might be OK. A few days ago I noticed that my competitor's site which had the exact same name as mine but the .com is down [it seems that its permanently down..] so I am thinking of it might be necessary to make some steps before I invest too much time and energy and money in this little site.

            I am now thinking of buying a similar but untouchable domain name and change all the design elements a bit..

            I await your thoughts and advices.
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            • Profile picture of the author James Sides
              All I can say is; don't build your house in the sand.

              Facebook and Google are feisty about their trademarks.

              Cheers,

              James
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              • Profile picture of the author AUKev
                I registered a domain name with Facebook in it, specifically to sell an e-book to teach offline businesses how to use FB Ads and how to create Fan pages. Before I even put much effort into designing the site and e-book (was going to outsource), I just decided it was not even worth it. Decided to play it conservatively.

                In theory, I would be adding value to FB, by trying teach users how to use FB for their business (all whitehat and within FB TOS). I just did not have the time or energy to contact FB or an attorney to move forward with the project. Of course I would be profiting from it by selling and e-book an building a list...

                I still give the project some consideration. As an offline consultant, I am finding more and more business owners are trying to DIY their internet marketing. I am seeing a bigger market for products for offline owners to learn how to get things done themselves.

                If I decided to move forward, I would probably try to contact FB directly and try and convince them that my site would help generate ad income from new customers.

                BTW, I registered the site in July 2010 and installed WP on it. It has been sitting there that long without any contact from anyone.
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                • Originally Posted by brieat View Post

                  Don't do it. There was this one kid who had the domain name "mikerowsoft" and Microsoft actually sent him a letter to give them his domain name LOL.

                  You're welcome to do similar sounding names, like lamebook, openbook, orangefacebook etc
                  I don't see how MS could have sued for using that name. "Sounds alike" and "spelled alike" are totally different things legally.

                  Originally Posted by agc View Post

                  Pure BS?

                  iPodLinux :: iPodLinux

                  Whatever.
                  I'm sure you can find thousand of domains that have infringed on trademarks. But it's just a matter of time before they get shut down.

                  Originally Posted by theleader View Post

                  Let me ask you a question guys: how about allfacebook.com?

                  That's a REAL blog which teaches people to do stuff on facebook.. Now isn't that trademark infringement?
                  I would bet this site is running with Facebook's permission. Why? Because it's advertising for Facebook!



                  Either write Facebook personally and ask, or don't do it, simple as that. It's not worth getting sued over.
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                  • Profile picture of the author davezan
                    Originally Posted by Bradley J Anderson View Post

                    I don't see how MS could have sued for using that name. "Sounds alike" and "spelled alike" are totally different things legally.
                    A bit late, but the essence of that is what's called "likelihood of confusion". It
                    usually takes a variety of factors like consumer behavior, site content, and so
                    on, but TM infringement can occur if people "confuse" someone with the mark
                    namesake.

                    Now, you yourself might be savvy enough not to confuse Mr. Rowe with that
                    software giant. But consumer behavior is not always rational, especially in the
                    case of what I call uniquely famous marks such as Microsoft. (or Facebook in
                    this discussion...)

                    At the top of my head, check the eBay v. Perfume Bay dispute to give you an
                    example. Perfume Bay doesn't necessarily seem or sound like eBay on its own,
                    yet eBay (or actually the respondent herself that time) was able to show that
                    people nonetheless confused Perfume Bay with the former.

                    Originally Posted by thesorcerersapprentice View Post

                    That's interesting because it sort of assumes that the US owns the internet.. What about domains that are registered in countries that are not under US jurisdiction or do not have agreements with the US?
                    Look up what's called the Uniform Dispute Resolution Policy. Although that has
                    been intended for no-brainer cybersquatting cases, it has since been used to
                    practically address domain-trademark disputes for parties in different parts of
                    the globe.

                    By the way, folks, Facebook has since acquired fb.com, and it redirects to the
                    main domain name itself. It's a sure bet they're going to establish TM rights to
                    those letters especially for the social networking service, so maybe you ought
                    to reconsider those domains with "fb" to market anything Facebook.

                    And for the gazillionth (sheesh) time here, it's trademark, not copyright.
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          • Profile picture of the author uumair
            Facebook is copywritten word. you cannot use this word in your domane name. What i think is you never get facebook name registered.
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  • Profile picture of the author tommygunn
    I looked up some info myself, it seems to be as stated earlier about confusion. How can their be confusion if you put a link at the top of the stating you are not associated with Facebook Inc, If your looking for the facebook site please click here. That's what I would do if I really wanted facebook in part of my domain name.
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  • Profile picture of the author meganeven
    If I came across a site that had facebook in the domain name I would automatically think it is lame. But I think it would have the opposite effect on the general population. **sigh
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  • Profile picture of the author Delta223
    i would create a spinoff of the name that is catchy, like macebook. lol that was terrible. but you get the idea.
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  • Profile picture of the author MassiveMarketer
    Don't even think about it. You'll be giving away money for buying a domain and then taken away from you. Think of something else - something better.
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  • Profile picture of the author Vwarf
    do it and you loose it....
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    • Profile picture of the author Jeena
      Facebook will sued you for using them as your domain name . . . If you want to be sued go for it . . . Goodluck . . .
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  • Profile picture of the author rparikh
    There are tons of domains name,dude . Try some different one , i think that would be good .
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  • Profile picture of the author Street Jammer
    you get sued for using facebook , maybe you can use fb or something like that
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  • Profile picture of the author theleader
    Let me ask you a question guys: how about allfacebook.com?

    That's a REAL blog which teaches people to do stuff on facebook.. Now isn't that trademark infringement?
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  • Profile picture of the author MoneyMaker Guy
    Try it to become a free bed and breakfast guest at the local prison. you would save a fortune if you use PPC to drive traffic to your sites.
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    • Profile picture of the author Dixiebelle
      I don't think there is much they can do if you don't use the exact spelling, but try to strong arm you. As much as we have heard about Godaddy, they would certainly have this one taken down if they could.

      www.nodaddy.com

      It definately makes reference to them.
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  • Profile picture of the author ipodfans
    Don't do it. This is not good idea.
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  • Profile picture of the author paulie888
    I wouldn't touch this with a 10 foot (not, make it 25 foot!) pole. It's just not worth the trouble, especially if you plan on building up and monetizing this site. Imagine how heartbroken you'll be if you get the site wildly popular and viral, only to have Facebook sue your behind off just as it's finally starting to make some money. Do you even want to entertain taking that kind of risk?
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  • Profile picture of the author osamabindrinking
    What about facebookreviews.com? or facebookisawasteoftime.com I reckon their lawyers would have a nightmare with the latter....as pointed out paypalsucks is still up.
    Usually a scary letter makes people pull the site, I would wait, top lawyers cost $1000s per hour and attract a load of bad publicity.
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  • Profile picture of the author JonAlfredsson
    Don't even try it. Better to be cautious than sorry.
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  • Profile picture of the author misterhu
    Although it may sound a good strategy, you nay not really want to have a possible charges coming from large companies like Facebook.
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  • Profile picture of the author mikeyman120
    Originally Posted by andyt2011 View Post

    Maybe use fb instead but still not sure.
    I would say just use fb but not sure either. All I know is most facebook related video courses and ebooks out there all have fb in the domain.

    I know you have to abbreviate if you want clickbank approval on a product like that. You can make a clickbank related product but they want cb in the domain and not clickbank. same with other products like facebook and twitter, etc. I have a facebook product on clickbank but use fb in the domain.

    I had to make a twitter video course of mine say tweeter in the domain and no problems so far.

    Years ago ebay contacted me for having ebay in one of my domains. They wanted me to let the domain expire and not use ebay in domains. I said can I use the word auction in the domain and they said sure just not ebay. They didn't seem to care that I had a product about them they just didn't want me using ebay in the domain.

    Mike
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  • Profile picture of the author NerdGary
    NO you CANNOT... Facebook sent me 3 "cease and desist" emails already..

    Waste of time. Dont even bother.
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  • Profile picture of the author NerdGary
    PS.. the thing that sucks is I spent countless hours, and about $4500 developing a "auto friending" software..

    Total waste of my time and money.
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    • Profile picture of the author eyesocialize
      Mr Nerdgary!!!!!! What are you doing here???? Sorry for bashing this thread, but Mr. Nerdgary is a wanted mannnnnnn. You have completely abandoned your droidgenerator customer's without an explanation and you still have your product in your sig? Some nerve my man.
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      • Profile picture of the author NerdGary
        Hey EYE!

        That WSO was from months ago.. Whats the Statute of limitations on that lol, jk.
        Been working on DG3 last few weeks, and made more updates to the support manual. Google moves real fast on their Android Releases... Already 2.4... Hard to keep up. I'll get back to the swing of things in the next few days.. Provide better support.
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  • Profile picture of the author macgeek
    Had a friend get sued by ebay for $10,000. Don't risk it!
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  • Profile picture of the author itrainedmydragon
    The 'don't do it' sentiments expressed in this thread are good advice. If you want to read for yourself the legal precedents regarding the use of trademarked names in a domain name, read up on the Anticybersquatting Consumer Protection Act (ACPA).

    Here are some of the pertinent details. In the case of a Facebook derivative domain, almost every one of these factors is met, meaning -- 'Don't do it!'
    Under the ACPA, a trademark owner may bring a cause of action against a domain name registrant who (1) has a bad faith intent to profit from the mark and (2) registers, traffics in, or uses a domain name that is (a) identical or confusingly similar to a distinctive mark, (b) identical or confusingly similar to or dilutive of a famous mark, or (c) is a trademark protected by 18 U.S.C. § 706 The ACPA also requires that the mark be distinctive or famous at the time of registration.


    In determining whether the domain name registrant has a bad faith intent to profit a court may consider many factors including nine that are outlined in the statute:
    1. the registrant's trademark or other intellectual property rights in the domain name;
    2. whether the domain name contains the registrant's legal or common name;
    3. the registrant's prior use of the domain name in connection with the bona fide offering of goods or services;
    4. the registrant's bona fide noncommercial or fair use of the mark in a site accessible by the domain name;
    5. the registrant's intent to divert customers from the mark owner's online location that could harm the goodwill represented by the mark, for commercial gain or with the intent to tarnish or disparage the mark;
    6. the registrant's offer to transfer, sell, or otherwise assign the domain name to the mark owner or a third party for financial gain, without having used the mark in a legitimate site;
    7. the registrant's providing misleading false contact information when applying for registration of the domain name;
    8. the registrant's registration or acquisition of multiple domain names that are identical or confusingly similar to marks of others; and
    9. the extent to which the mark in the domain is distinctive or famous.
    This act also allows trademark owners to sue anyone who engages in such conduct for the higher of actual damages or statutory damages of $1,000 to $100,000 for each domain name. It also allows the courts to order the forfeiture, cancellation, or transfer of domain names in such instances.

    You can find specific details at Internet Library of Law and Court Decisions (internetlibrary.com) by searching for "The Anticybersquatting Consumer Protection Act"

    I hope that clears it up. As already mentioned in this thread, there are plenty of people who don't follow this advice (laws, really), but it will likely just be a matter of time before legal action is taken and they lose their domain and any of the work they put into it.
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    • Originally Posted by itrainedmydragon View Post

      The 'don't do it' sentiments expressed in this thread are good advice. If you want to read for yourself the legal precedents regarding the use of trademarked names in a domain name, read up on the Anticybersquatting Consumer Protection Act (ACPA).

      Here are some of the pertinent details. In the case of a Facebook derivative domain, almost every one of these factors is met, meaning -- 'Don't do it!'
      Under the ACPA, a trademark owner may bring a cause of action against a domain name registrant who (1) has a bad faith intent to profit from the mark and (2) registers, traffics in, or uses a domain name that is (a) identical or confusingly similar to a distinctive mark, (b) identical or confusingly similar to or dilutive of a famous mark, or (c) is a trademark protected by 18 U.S.C. § 706 The ACPA also requires that the mark be distinctive or famous at the time of registration.


      In determining whether the domain name registrant has a bad faith intent to profit a court may consider many factors including nine that are outlined in the statute:
      1. the registrant's trademark or other intellectual property rights in the domain name;
      2. whether the domain name contains the registrant's legal or common name;
      3. the registrant's prior use of the domain name in connection with the bona fide offering of goods or services;
      4. the registrant's bona fide noncommercial or fair use of the mark in a site accessible by the domain name;
      5. the registrant's intent to divert customers from the mark owner's online location that could harm the goodwill represented by the mark, for commercial gain or with the intent to tarnish or disparage the mark;
      6. the registrant's offer to transfer, sell, or otherwise assign the domain name to the mark owner or a third party for financial gain, without having used the mark in a legitimate site;
      7. the registrant's providing misleading false contact information when applying for registration of the domain name;
      8. the registrant's registration or acquisition of multiple domain names that are identical or confusingly similar to marks of others; and
      9. the extent to which the mark in the domain is distinctive or famous.
      This act also allows trademark owners to sue anyone who engages in such conduct for the higher of actual damages or statutory damages of $1,000 to $100,000 for each domain name. It also allows the courts to order the forfeiture, cancellation, or transfer of domain names in such instances.

      You can find specific details at Internet Library of Law and Court Decisions (internetlibrary.com) by searching for "The Anticybersquatting Consumer Protection Act"

      I hope that clears it up. As already mentioned in this thread, there are plenty of people who don't follow this advice (laws, really), but it will likely just be a matter of time before legal action is taken and they lose their domain and any of the work they put into it.
      That's interesting because it sort of assumes that the US owns the internet.. What about domains that are registered in countries that are not under US jurisdiction or do not have agreements with the US?
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  • Profile picture of the author niffybranco
    Can i use the name of the next mega selling product you create in my domain ?
    How would it make you feel if i just ripped your name and used it without asking your permission
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  • it is really a cheap thinking. do not be dishearten. follow the naming of cheap Chinese phone who named their phone model NOKLA or Blackcherry from NOKIA or Blackberry.
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  • Profile picture of the author Moneyerr
    You can not use facebook in a domain name. It is highly not recommended, cos it will get closed for sure, it is just a time question.
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  • Profile picture of the author DumbDads
    How about UglyFaceBookie.com?

    I went to facebook and typed in Quit Facebook Day, then from their wall I ended up here at facebooklimiter.com What's up with this?
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  • Profile picture of the author Expertfred
    Be creative enough and come with something else. The last thing you need is to have site that will forever be in and out the courts.
    Some people have used the name facebook in their domain names but it does just Portray them and their ides. people will always see,at the back their minds, the social network Facebook and not your site. They will rate you,evaluate you with basing on the social network Facebook. will you be better than them?

    Why kill your idea?
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  • Profile picture of the author Presto Smith
    How about bacefook.com?
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  • Profile picture of the author Jelle Kaldenbach
    I thought you where allowed to use FB, but I'm not totally sure ._.

    BTW: Got one product from you (something with FB). Thanks for that one OH YES! FB Cash
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  • Profile picture of the author brenda ashford
    please dont even ever thing of using that as your domain name.
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  • The legality of it is pretty irrelevant. The fact is that Facebook vigorously defends its (not their... sorry Suzanne) trademark so its a whole bunch of trouble you don't want to get into. They have lots of cash for this sort of thing and you probably don't so you would be much better using your creative energy on another idea.

    On the other hand though it has produced a great thread
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  • Profile picture of the author ColleenHale
    This is straight from the Facebook site under "Brand Permissions Center."


    Can I use Facebook in my business name or domain name?
    No. Use of the Facebook trademark or something confusingly similar in your company name or domain name, even in connection with goods/services that are arguably unrelated to those offered by Facebook, can both create consumer confusion as well as dilute the distinctiveness of the Facebook brand and weaken Facebook's trademark rights. It is also a violation of our Statement of Rights and Responsibilities.
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  • Profile picture of the author limestone614
    I gave this a lot of thought recently for a WSO I released, it is a Facebook Related Plug-in;

    I looked at those same Terms and Conditions and considered that they seemed fairly loose.

    I saw the following:

    If you're gonna use the name Facebook, then use it how they say.
    Make sure the visitors KNOW you are NOT affiliated with Facebook.
    Capitalize their Name, etc.

    I gave it a long a hard think and went with a different name entirely.

    Better Safe than Sorry.
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  • Profile picture of the author ghostrecon
    I wouldn't recommend, but if you must make sure there is nothing link to the 'social' side of things. No networking, no comments nudda!

    There are other examples of people using trademarked domains successfully, (e.g. iphonehacks.com, ps3hacks.com)
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  • Profile picture of the author DamenRabat
    Listen to Alexa Smith. She has pretty much nailed it. Also,... Facebook in particular is known for beeing exceptionally strict when it comes to protecting their interests.
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  • Profile picture of the author Peter Gehr
    Copyright infringement has become quite broad in its parameters.

    Even if you misspell, e.g. faecbook, or add a word to your domain name, e.g. facebooktips.com, you will find that you are in direct infringement to the clauses stated within most company fine-print copyright documents.

    Anything that sounds like a potential threat to their "good name" can be used against you, and could cost you everything you've got if they decide to proceed with litigation.

    It would not be a matter of "would" you get sued, it would be more like you "will" get sued--especially if it's a big company with big bucks to slay you with lawyers that are cut-throat, aggressive, and never lose.

    Suggestion: Don't do it

    Cheers,
    Peter
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  • Profile picture of the author SocialBooster
    Can I use Facebook in my business name or domain name?
    No. Use of the Facebook trademark or something confusingly similar in your company name or domain name, even in connection with goods/services that are arguably unrelated to those offered by Facebook, can both create consumer confusion as well as dilute the distinctiveness of the Facebook brand and weaken Facebook's trademark rights. It is also a violation of our Statement of Rights and Responsibilities.

    Can I combine Facebook's trademarks or logos with new terms or artwork to create my own marks and logos?
    No. Mutilating Facebook's logos or trademarks in order to create new, derivative marks can harm Facebook's trademark rights. We cannot allow such modifications to our marks under any circumstances.
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  • Profile picture of the author shmeeko69
    Originally Posted by sambakker View Post

    Hey guys,

    Does anyone know whether I can use Facebook in a domain name or is it copyright infrigement or something?

    Cheers
    You might be able to get away with it, but why put yourself in that situation and you certainly don't want a monster site like Facebook breathing down your neck!

    Mark
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  • Profile picture of the author dagaul101
    I think it would be wise not to, many people have thought they could until they receive the cease and desist letter
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    • Profile picture of the author David Louis Monk
      If people who have unwittingly and without any knowledge of famous trademarks and brands have been targeted by these companies to give up their domain names, then if you know of the brand or trademark as you do, then obvioulsy do not do it.

      The 'big boys' have come unstuck on a few occasions going after the 'little boy' when it was obvious to a court that the little boy had his domain name before ever the brand and trademark became known.

      Now you know of the name of a brand or trademark, you should not use anything that will associate your business with their business without their permission.

      It is like eating the forbidden fruit. (see what happened to Adam and Eve). You do it at your own peril and you reap the consequences.
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  • Profile picture of the author Kevin Rayman
    If you want trouble go out and register a domain that contains "facebook".

    PS! This one is available: facebookwillsueme.com
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    • Profile picture of the author Will Edwards
      Originally Posted by Kevin Rayman View Post

      If you want trouble go out and register a domain that contains "facebook".

      PS! This one is available: facebookwillsueme.com
      Ha ha - fantastic reply!

      Will
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    • Your site might eventually get suspended or they can legally force you to rescind the rights of the site to them.


      Originally Posted by Kevin Rayman View Post

      If you want trouble go out and register a domain that contains "facebook".

      PS! This one is available: facebookwillsueme.com
      LOL!
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  • Profile picture of the author BabyMama
    WOW I have just read this thread. I purchased a domain with the word facebook in it almost a year ago now.
    I just got an email from Facebook yesterday asking me to disable the site or they will threaten legal action!
    Just goes to prove don't do it ppl.
    I have taken down my site straight away
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  • Profile picture of the author Will Edwards
    The answer is 'yes' you could.

    BUT

    You would be infringing a trademark and sooner or later, you will lose that domain.

    Possibly even more.

    Caveat: IANAL

    Will
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  • Profile picture of the author Jordan Stark
    OMG...there is more than one way to get anything done. Did PaypalSucks.com (PR5) get sued by paypal? Did WalMart-Blows.com (PR3) get sued by WalMart? Has anyone else been sued for the MANY domain names out there with "Facebook" in the domain name? Most of these answers are simply speculation and assumption based on FEAR and not concrete facts. That mentality lives in a box. Yes, you can get it done but HOW you do it is what counts. OP, PM me and I'll let you know how to get it done.
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    • Profile picture of the author BabyMama
      Originally Posted by Jordan Stark View Post

      OMG...there is more than one way to get anything done. Did PaypalSucks.com (PR5) get sued by paypal? Did WalMart-Blows.com (PR3) get sued by WalMart? Has anyone else been sued for the MANY domain names out there with "Facebook" in the domain name? Most of these answers are simply speculation and assumption based on FEAR and not concrete facts. That mentality lives in a box. Yes, you can get it done but HOW you do it is what counts. OP, PM me and I'll let you know how to get it done.
      As I posted above. I got a threatening email from them yesterday to say I had to disable my site and if I didn't they would take legal action. They also mentioned that people who had gone up against them in court had lost every time and were at risk of being sued a minimum of $100,000 per domain.

      NOT worth the risk!
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    • Profile picture of the author Gene Pimentel
      Originally Posted by Jordan Stark View Post

      OMG...there is more than one way to get anything done. Did PaypalSucks.com (PR5) get sued by paypal? Did WalMart-Blows.com (PR3) get sued by WalMart?
      Unlikely, because these types of domains are allowed by law (fair use). Most other types of domains that include a Trademark term are in violation, especially those that generate revenue.

      Originally Posted by Jordan Stark View Post

      Has anyone else been sued for the MANY domain names out there with "Facebook" in the domain name?
      Yes.

      Originally Posted by Jordan Stark View Post

      Most of these answers are simply speculation and assumption based on FEAR and not concrete facts.
      Some are based on fear, some on fact. Trademark holders are required to protect the usage of their mark, or risk losing the right to the Trademark. Domain lawsuits occur all the time.

      Originally Posted by Jordan Stark View Post

      That mentality lives in a box. Yes, you can get it done but HOW you do it is what counts. OP, PM me and I'll let you know how to get it done.
      Are you a lawyer? If not, it would be ridiculous for you to offer this type of council, and equally ridiculous for someone to receive it.
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    • Profile picture of the author davezan
      Originally Posted by Jordan Stark View Post

      Has anyone else been sued for the MANY domain names out there with "Facebook" in the domain name?
      In your face: Facebook cracks down on 'typosquatters' - seattlepi.com

      Next?
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  • Profile picture of the author ColinChia
    LMAO - people are getting real creative in this thread

    I like it - must be real good in a keyword ideas session...

    www.PleaseDontSueMeFacebook.com
    www.Facebookcomegetme.com
    www.FacebookImBendingOver.com
    www.scarfacebookings.com

    I think the OP has figured - not a good idea!
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  • Profile picture of the author Janice Sperry
    Can you? Yes.

    Should you? No.
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  • Profile picture of the author harro1
    allfacebook.com - here is one site using facebook in domain and is running for quite long time, has alexa in thousands....

    insidefacebook.com - another one using facebook in domain and is running for quite long time

    can anyone explain why those sites are still running without any problems?
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    • Profile picture of the author Rocky07
      Originally Posted by harro1 View Post

      allfacebook.com - here is one site using facebook in domain and is running for quite long time, has alexa in thousands....

      insidefacebook.com - another one using facebook in domain and is running for quite long time

      can anyone explain why those sites are still running without any problems?
      EXACTLY what i was thinking!
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    • Profile picture of the author davezan
      Originally Posted by harro1 View Post

      allfacebook.com - here is one site using facebook in domain and is running for quite long time, has alexa in thousands....

      insidefacebook.com - another one using facebook in domain and is running for quite long time

      can anyone explain why those sites are still running without any problems?
      Originally Posted by Rocky07 View Post

      EXACTLY what i was thinking!
      Only probable reason is they have some (undisclosed?) partnership. Otherwise,
      Facebook wouldn't necessarily let those stand just like that.
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  • Profile picture of the author Kman1801
    It is simply not that "cut and dry."

    Trademark infringement is a rather complicated legal matter. The concept of nominative Fair Use is equally so.

    In 2009 the Ninth Circuit Court of Appeals took up the argument in a case involving Toyota Motor and the Lexus trademark. (TOYOTA MOTOR SALES v. TABARI)

    The court noted...

    "Consumers who use the internet for shopping are generally quite sophisticated about such matters and won’t be fooled into thinking that the prestigious German car manufacturer sells boots at mercedesboots.com, or homes at mercedeshomes.com, or that comcastsucks.org is sponsored or endorsed by the TV cable company just because the string of letters making up its trademark appears in the domain."


    The Ninth Circuit reversed the lower court's injunction against use of the Lexus trademark in the domain.

    In conclusion, the Ninth Circuit noted...

    'Trademarks are part of our common language, and we all have some right to use them to communicate in truthful, non-misleading ways."

    While the OP's use of the trademark in the domain may be a clear case of nominative fair use, the contents of the product or service or the way it is portrayed on the landing page may still infringe.

    While all that is nice to know and a boost to internet marketers everywhere, the reality may be very different.

    Big companies often aggressively pursue their perceived rights under trademark law.

    First by Cease and Desist letter (threat), then by lawsuit, even if it fundamentally has no basis. They assume the cost to the defendant in time and money is not worth the fight.

    As usual, the best defense is a good offense.

    If you choose to go for it, be prepared to get your wallet out.
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