question Facebook messaged me

[Sheries11]

Today, I received a message from Facebook legal department, regarding a domain name that I own which is like : ***ofacebook.com

They said : domain name may be infringing on a trademark for Facebook, and i should respond early for importance.
--

I believe that the domain name is *** of acebook ( acebook is not a trademark ) i replied with this part included, and I asked if they would want to buy it.

Any thoughts?

 

[CJ6]

Can you do us a favor? Whatever you decide to do, please come back here and tell us what happens. Let us know if they buy the domain or try to get even with you through UDRP.

 

[johnn]

Here is what you need to do. I am sure you will like it.
1. Cancel your Namepros account here
2. Try to sell the name to Facebook for $1,000
3. Come back here and create a new account after you lost your car and your house
4. We will setup an account GoFundMe for you

Make sure you do that in this order.
See you later.

 

[Mr. Deleted]

By the way, i have names with "face". I have names with "book". But never together to form the trademark.

I have FBmachine, but its not "facebook machine" - my old employer, an internet marketer started a site on that domain to help people learn how to market on Facebook. I suppose if this OP started a gambling site, the "Ace" term could be used, but its a long shot. Book could be your bookie. But since he has the F in front of "ace" its a domain name which includes "facebook.com" as part of the url. Again, its a long shot.

 

[MapleDots]

I have FBmachine, but its not "facebook machine" - my old employer, an internet marketer started a site on that domain to help people learn how to market on Facebook. I suppose if this OP started a gambling site, the "Ace" term could be used, but its a long shot. Book could be your bookie. But since he has the F in front of "ace" its a domain name which includes "facebook.com" as part of the url. Again, its a long shot.

I remember when I ran a Mercedes-Benz franchise that anyone using Mercedes or Benz in any way shape or form had a chance at getting a nice letter from corporate head office. Even the letters MB were targeted if it was a site directed at Mercedes-Benz. They are often referred to as MB and even making a site like MBCars would put you at risk, it was strictly up to the guys at corporate if they decided to go after you. They will often proceed with legal just to send a warning to others. There were even Mercedes fan sites that had to change their name. Others were left alone, it was quite random sometimes but if you struck the ire of head office for any reason you were targeted with legal.

So even something like FBmachine if it implies facebook and talks about facebook could be targeted. On the off chance that facebook loses you still have to defend yourself and spend thousands on legal. The next guy will look at that and drop it when asked.

That my friend us how corporate works, I was there for over 20 years and was quite often privy to legal disputes over trademarks.

 

[Mr. Deleted]

So even something like FBmachine if it implies facebook and talks about facebook could be targeted. On the off chance that facebook loses you still have to defend yourself and spend thousands on legal. The next guy will look at that and drop it when asked.

https://web.archive.org/web/20110601170142/http://www.fbmachine.com/

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[MapleDots]

https://web.archive.org/web/20110601170142/http://www.fbmachine.com/

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• Proven, sure-fire ways of getting your fans to buy through you! … PLUS…
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Yes but where is www.fbmachine.com today?

Did they get a desist letter or just go out of business?

I notice an ambitious domainer picked it up.

 

[Mr. Deleted]

Yes but where is www.fbmachine.com today?

Did they get a desist letter or just go out of business?

I notice an ambitious domainer picked it up.

no he went out of business. thanks for calling me ambitious.

I used to work for Keith Wellman, internet marketing guru at the time and worked on that site, and later I picked it up, and was hoping to make a similar project at some point.

 

[Corey]

why not post the domain name?

 

[karmaco]

@Sheries11

I for one am sorry to see you go, please reconsider.
A lot of posts here sound like sarcasm but a lot of us are using your post as an example to future members in similar situations.

I don't think everything is directed to you in a personal way as to get you to quit. If it seems like it please let me be the first one to apologize to you. We truly do mean the best for some of the newer members and we are just trying to make sure that you understand there is no "but" here. There is only one viable conclusion, delete the domain or give it to them.

As long as you post with anything else members will try to educate you to the error of your ways.

That said, maybe you feel strongly and want to pursue this, that is also your right.

In the end I personally would prefer to see you continue and I will ask my fellow members to maybe consider guiding you in a more gentle manner.

Regardless of your decision I wish you luck with your future endeavours.

Stop coddling him because its pretty evident he is a proud cybersquatter and we don’t need those here. OP don’t ask for advice and opinions if you are going to get offended and are still going to do whatever you want. You have been given good advice and are arguing the indefensible. You have a poor attitude for a newbie.

 

[branding]

understand but each case is different and has its own merits. example include apple fined for using brand Apple in brazil(which owned by some other local phone company
Nissan owned by Individual and won the case
Their are many cases, were UDRP went against complaints even though they own exact name in their country extension, example Abdul basit won a UDRP for kitchen Design domain.

You're right. Difference being that in the examples you mentioned the domain registrations predate the TMs and apple Brazil and nissan had their own TMs for the brands, predating the complainant's.

Also take note of the full nissan story. He was actually the rightful owner of the domain but the legal proceedings ruined his life, business and cost him millions.

 

[premkumar]

You're right. Difference being that in the examples you mentioned the domain registrations predate the TMs and apple Brazil and nissan had their own TMs for the brands, predating the complainant's.

Also take note of the full nissan story. He was actually the rightful owner of the domain but the legal proceedings ruined his life, business and cost him millions.

True, legal proceedings cost a lot and ruin you. But that different thing, I just said can he a fight in court, its yes. I have known many cases fought in court where 2 different cases uses similar keyword in the name, most cases the Indian court allowed the defendant to continue to use the keyword.

Basically if you restrict a business to use name that no part of which used by another business than naming a becomes big problem. Even a same name can be used by different business provided the new business not operating on business category the old one is using, example Apple is used by Tech gaint but the same name can be used by a Apple farm producing apples or some other business category where Apple not in to and don't have Trademark on that business line like pizza shop(Apple Pizza)

Also their is different rule for dictionary word and invented name. first one is easy to defend in court.

My point is just don't get intimated by big firm and also don't try to sell it to them that's bad faith registration

 

[Domain boy]

I hate how many people, reading this thread, joke about such a serious issue. I wonder if you were newbies and read all this all these trouble messages how you would feel. I bet you would never sleep. However, I thank those who tried to help this boy. My advice is to cancel the domain as soon as possible to avoid legal problems whatever your intentions were. I hope everything goes well.
Kind Regards,
Pier

 

[ivey]

In the meantime, I'm going to get oMicrosoft. and tell them it's just OM icrosoft.

No one will believe it's "of acebook" or "if acebook". Everyone will read it oFacebook or iFacebook. And you can't register that and pretend not to know it could potentially cause and issue with facebook?

But, sometimes we have to get burnt to learn.

 

[Raj045]

D/Experts,
Is their any infringement of Spacex.com in following domains:
spacexcoin.com
spacexinfo.com
spacextools.com
spacex.codes
spacexhub.com
spacexclub.com
Plz.reply

 

[NickB]

D/Experts,
Is their any infringement of Spacex.com in following domains:
spacexcoin.com
spacexinfo.com
spacextools.com
spacex.codes
spacexhub.com
spacexclub.com
Plz.reply

Start a new thread......https://www.namepros.com/forums/legal-discussion.229/

 

[Raj045]

Thanks NickB, new thread created.

 

[Mr. Deleted]

https://www.digest.com/

 

[Mytz.com]

You shouldn't answer emails directly yourself,
It's better not to ask them if they want to buy this kind of thing,
You can find an agent to help you to discuss

 

[has2hands]

I would sell name for $100+K.

Facebook has the money. Maybe sell for stock and cash ??

Be proud you own this name.

Show everyone how you do this deal and pleaze report back.

 

[Mr. Deleted]

I would sell name for $100+K.

Facebook has the money. Maybe sell for stock and cash ??

Be proud you own this name.

Show everyone how you do this deal and pleaze report back.

LOL. Yes, lets poke the bear. But in all seriousness, when there is a cease and desist, it is not wise to ask for more than a reasonable out of pocket cost. Like $50-100 at the most. I got one company to pay me 50 dollars for PG-E.com, a short name that they apparently wanted.

 

[Mr. Deleted]

PG-E.com

Which they apparently later dropped, and someone else picked it up...

 

[Bertrell]

My advice is to cancel the domain as soon as possible to avoid legal problems whatever your intentions were.

This is what most members are trying to say, but it's not being received well.

 

[Shawn T]

You're clearly here just searching to validate your confirmation bias so do what you want.

 

[vindo]

I found this very informative in various aspects specially on the beginner level in this business. May be, this will help someone to understand the Domain disputes in better way.

One-company, Two cases, Two-results. Look at them...
1). https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2017-0902

2). https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2018-1588

 

[indam]

Today, I received a message from Facebook legal department, regarding a domain name that I own which is like : ***ofacebook.com

They said : domain name may be infringing on a trademark for Facebook, and i should respond early for importance.
--

I believe that the domain name is *** of acebook ( acebook is not a trademark ) i replied with this part included, and I asked if they would want to buy it.

Any thoughts?

You did a mistake buddy! Your fatal mistake was to offer them to buy it!

I am not arguing over trademark infringement. That is subject to courts and apparently there is a good burned-by-fire experience around here that is advising you to delete the domain. Listen to their experience; decide on your own; but you did one mistake after another... And most probably are heading for more mistakes ... Stop and think before the next move.