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Sheries11

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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.
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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?
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
One-company, Two cases, Two-results. Look at them

The second case contains a fairly long explanation of why the facts of those cases are critically different, in addition to this key difference in the first case:

The Respondent is Perfect Privacy LLC of Jacksonville, Florida, United States of America (“United States” or “US”) / Zcapital of Los Angeles, California, United States, represented by John Berryhill” 😉
 
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The second case contains a fairly long explanation of why the facts of those cases are critically different, in addition to this key difference in the first case:

The Respondent is Perfect Privacy LLC of Jacksonville, Florida, United States of America (“United States” or “US”) / Zcapital of Los Angeles, California, United States, represented by John Berryhill” 😉

Here, the single company is The Complainant which is "Hike Private Limited".
Indeed it is very long explanation.
 
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Here, the single company is The Complainant which is "Hike Private Limited".

Yes, I’m aware of that. I was the domain registrant’s representative in the case in which the domain registrant won.

That explanation is a lot shorter.
 
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Yes, I’m aware of that. I was the domain registrant’s representative in the case in which the domain registrant won.

That explanation is a lot shorter.

Wow. To say least ,Congrats
 
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I think you can sell it to facebook as it is the google mistake to redirect it to fb so you can ask them to buy this domain
 
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You did a mistake buddy! Your fatal mistake was to offer them to buy it!
Especially any amounts "significantly higher than out of pocket costs."
 
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Looking forward to the sales data on Namebio (y)
 
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Oh man... Acebook indeed.
 
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I disagree with some of you (even though I would never register a domain like this, mainly to prevent unnecessary headaches and timewasting in general). However, Sheries11 might be able to challenge this "case," plus there is no legal obligation to delete the domain or surrender to Facebook in the first place (regardless how strongly many of you feel about this).

David vs. Goliath rules/laws and fair use of copyrighted/trademarked materials (in order to publicly share objective reviews) rules/laws allow all of us to (even knowingly and/or purposefully) quote any third party website (whether it's trademark protected or having just default copyright protection) in order to review its offerings/problems/policies and/or to gather support/vies of other harmed customers/users/employees/ex employees. In certain circumstances, e.g. when the site/company doesn't have a functioning Contact Us form/email or similar option and/or if their policy is to ignore customers/ex employees who they consider bothersome, one can even make a website just to get their attention and/or to solve issue(s) or financial problems, for example getting reimbursed, compensated or to simply receive an apology. If no standard communication channel exists and/or if previous communication is not replied to, and especially when the company/site uses a whois shielding option, meaning their visitors/users/clients cannot even send them a physical letter (knowing how to look up a registered business address any other way is not essential, i.e. complex gov registries or Company House sites don't have to be searched/signed-up to), making a "public scene" site had been accepted for both ventilation of feelings and resolving problems (the courts are fairer than most corporations want you to believe).

Even while being able to contact the questionable company properly, you could (and still can) register FacebookSucks.(whatever) or FacebookRocks.(whatever) and post any critical points or praises you want (within the scope of the law). Once you do that, even if the company might send you well-worded request to take the site down, delete the domain name, etc., you are actually going to be protected by numerous laws and rules. No giant corporation, regardless of the size of their legal budget, will be able to automatically silence you. (Contrary to popular belief.)

It's a different story if you register(ed) a/the domain in bad faith, and especially if you offer(ed) a/the domain to its prospective (i.e. de facto intended) buyer. Then you will be looked at like that dodgy guy/gal in a dirty reflective vest who "offers" to look after someone's car while being known to damage vehicles of those drivers who principally refuse to pay him for his/her informal (and therefore questionable and, most importantly, tax free) services. You will considered the same vermin/parasite, and you will likely be labelled a scammer by ever the most reasonable judge. No worries, you may say, I have some strong arguments to present my case. Tough luck, nearly every judge will dismiss your (however valid) points based purely on the bad faith factor (manifested by your initial action(s)). Your case will be thrown out (or you will be locked up) before you even start presenting your cleverly worded counterarguments.

Unless you wish to criticise (or prepare class action against) a company, or praise it - which is of course not an issue, you will be facing certain issues. However, should you wish to merely tell them that they suck (and invite others to do so, as long as positive (re)views are not deleted by you), you will be as safe as if the following big companies established the these hypothetical pages: ebaysucks.trustpilot.com and ebaycomplaints.bbb.org (or even if they/you openly or stealthily registered ebaycomplaints.whicheverextensionisavailable). The same goes for FB, Google, Apple, Chinese government or any other we-are-stronger-than-you dreamer/company/gov. They are not necessarily stronger than you. On the contrary. In the court of law, you will be given more rights while they will have to pay for every piece of advice they receive from their in-house or external team(s) of lawyers, yet you will be able to dismiss some of their this-took-us-weeks-to-prepare statements with just a sentence or two. Most courts like small but daring Davids, and they like pissing off big companies, especially the ones who are too cocky and/or believe they can bribe or threaten any individual/judge/system.

Quoting specific company statements/emails/physical letter/in some cases calls, even those from their corporate lawyers (only certain exceptions apply), showing their logo, screenshots, etc., all of this is protected under the rules/laws of fair review usage. It's like if you were video recording a thief, (s)he may challenge you (privacy protection and many other laws) but your case will be solid, unlike his/her case (illegal activity versus your acceptable action in regard to his/her/their committed/perceived/expected illegal activity). The same goes if you are a whistleblower employee/customer, even if you install voice/phone bugs and hidden video surveillance system(s), as long as the offending company did/does something wrong and the "Davids" like you are merely preparing to prove the illicit/unethical/wrongful action(s)/inaction(s)/offence(s) in the court of law, they (just like you if you are a whistleblower or someone with a valid complaint about an illicit action) will be protected more than the corporate giants they/you are fighting. Unless prevented by a whistleblower protection act, the judge will likely question each David's action and the offending corporation might challenge those Greenpeace-like actions and websites like there is no tomorrow, but the whistleblowers/you will be fine, or they/you will be able to take it to a higher court where uninvolved/objective judges don't believe in corporate-court buddy/corrupt options as much as lower level judges might. Even if the higher level judges are dodgy themselves, all the Davids (or you) have to do is to go public. Even the most corrupt judges generally start making right decisions when facing public scrutiny. They need PR too, and protecting certain smart Davids is essential for their public image (even if they usually make decisions based on subjective feelings or bribes).

Overall, unless you know that you acted in bad faith in the first place, being legally challenged/gagged is not as easy as the big guys make it appear. Don't believe in their BS, or quit (based purely on your conscience, you are the only one who knows if your action will be easily defined as fair use or in bad faith).

Hope this helps. Unless you are one of the dodgy domainers, please don't give up. Otherwise the big players will get too cosy and all of us will be challenged over silly things, even when the law says otherwise.

Cheers!
 
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I can never tell whether some of the comments here are serious, or whether they are just some kind of weird performance art. This one is a good case in point:

David vs. Goliath rules/laws and fair use of copyrighted/trademarked materials (in order to publicly share objective reviews) rules/laws allow all of us to (even knowingly and/or purposefully) quote any third party website.....
etc., etc., etc....

These types of cases, involving non-profit criticism or commentary, generally have nothing to do with the primary interest of domainers - this being namePROs in which the letters "pro" might signal to the alert observer that there is a professional interest of some kind.

But, more importantly, what we have here is reinvention of the classic "oh no, I didn't mean 'porno facebook', I meant 'porn of acebook'", as if anyone is going to believe that. The poster here is not claiming a right of fair use in the mark, they are trying to claim they aren't using the mark.

And before we go off on an irrelevant discussion of Slütsof In Stagrâm, and how much of your life you want to spend on a trolling exercise that doesn't earn you a penny, the bottom line is that whether some guy had fun after getting an automated warning email is entirely irrelevant to how these sorts of "cute" rationalizations pan out in actual disputes.
 
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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?
I was wrong acebook is different from facebook. everyone knows what acebook is, sorry for that
 
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One thing is fresh and probably true, when it comes to jberryhill's reply, the domain is likely what he thinks it is. Mind you, children swear versus children's wear (minus the apostrophe in case of a domain) can be interpreted both ways too, but here is no trademark or any other IP in swear or wear. Mind you, facebook is a generic title for a book filled with portrait photos (each representing a face, i.e. Face Book). This term had been knows for generations (at least in the States). Even after applying and receiving the TM, they legally struggle with protecting it in many cases related to the original/non-capitalised title of facebook (the physical book, even the online version of any facebookbook; it's a bit like if Google, Apple or Microsoft registered the term "wire" and then started challenging anyone who used/uses the term ... a big task too).

It's also great to know that jberryhill's anti-trolling exercise earns him some money (as he would certainly not do this for free; there must be someone who paid him for his efforts). He has been ignoring most of my so-called trolling points and purposefully skipped several arguments which would be harder to argue with, but (since neither of us is being paid for this, following his logic) we don't really care. It's about a bloke exercising his right to get in trouble (judging from his (rephrased): so I offered my domain to them).
 
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but here is no

should be

but there is no (centre of the third line)
 
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It's also great to know that jberryhill's anti-trolling exercise earns him some money (as he would certainly not do this for free; there must be someone who paid him for his efforts)

Nobody pays me to post stuff on Namepros. I glance at stuff here in between doing other things, and my assumption has been that folks might want to occasionally read what an expert in the field has to say about trademarks and domain disputes.

Quite frankly, it is becoming increasingly clear that there is quite a contingent with no relevant experience or expertise would not prefer to read what I have to say. For your convenience, there is an ignore feature you can use.

I was simply pointing out that an extended commentary on the defenses of fair use or non-commercial commentary and criticism are not relevant to circumstances where the entire premise is that the domain name is not intended as a reference to the mark in the first place.
 
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Fair enough. Thanks for clarifying this, and for pointing out the "Ignore" option (not that it needs to be used in this case, since both of us were polite while disagreeing).
 
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Reminds me of a friend who tried to register a domain that contained White House in it.
 
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I once met someone who was related to someone who supposedly sold to Facebook three typos of Facebook.com for $100,000 each years ago but way after Facebook was already mainstream.

They were domains with 1 missing letter each I forgot which ones they were but a quick history on each version of Facebook with a letter missing would reveal this. I remember checking it and there are three I saw that weren't originally owned by Facebook.

I just checked now and these domains below triggered my Mcafee to warn me these these domains below are known for typosquatting.

I accepted the risk and proceeded to it and it redirected to Facebook just now.

Acebook.com
Fcebook.com
Faebook.com
Faceook.com


All the rest had no Mcafee warnings so I'm assuming the three above were the ones I was told by someone their cousin had owned.

Acebook.com
N/A FACEBOOK.COM October 2011 2011-11-01 New
DOMAINMANAGER.COM N/A August 2011 2011-09-01 Deleted
DOMAINCONTROL.COM DOMAINMANAGER.COM February 2010 2010-03-01 Transfer
DOMAINMANAGER.COM DOMAINCONTROL.COM December 2009 2010-01-01 Transfer
DOMAINCONTROL.COM DOMAINMANAGER.COM November 2009 2009-12-01 Transfer
DSREDIRECTION.COM DOMAINCONTROL.COM October 2009 2009-11-01 Transfer
DOMAINCA.COM DSREDIRECTION.COM Sepember 2007 2007-10-01 Transfer
PROREDIRECT.COM DOMAINCA.COM December 2006 2007-01-01 Transfer
CYPACK.COM PROREDIRECT.COM April 2006 2006-05-01 Transfer
KRSERVER.NET CYPACK.COM July 2004 2004-08-01 Transfer
DOMAINDISCOVER.COM KRSERVER.NET August 2001 2001-09-01 Transfer
N/A DOMAINDISCOVER.COM April 2001 2001-05-05 New
GUS.NET N/A January-March 2001 2001-04-04 Deleted
GUS.NET N/A December 2000 Epoch


Fcebook.com
Old Hoster New Hoster Month / Year Zone Date Transaction
MONIKERDNS.NET FACEBOOK.COM May 2012 2012-06-01 Transfer
SWITCHRAMP.COM MONIKERDNS.NET August 2011 2011-09-01 Transfer
DNREDIRECT.COM SWITCHRAMP.COM October 2008 2008-11-01 Transfer
N/A DNREDIRECT.COM July 2006 2006-08-01 New
DNSNAMESERVER.ORG N/A June 2006 2006-07-01 Deleted
QSRCH.NET DNSNAMESERVER.ORG April 2006 2006-05-01 Transfer
IDEALAB.COM QSRCH.NET November 2005 2005-12-01 Transfer
QSRCH.NET IDEALAB.COM September 2005 2005-10-01 Transfer
N/A QSRCH.NET March 2005 2005-04-01 New


Faebook.com
Old Hoster New Hoster Month / Year Zone Date Transaction
MONIKERDNS.NET FACEBOOK.COM May 2012 2012-06-01 Transfer
DNSLINK.COM MONIKERDNS.NET April 2012 2012-05-01 Transfer
ABOVE.COM DNSLINK.COM March 2012 2012-04-01 Transfer
MONIKERDNS.NET ABOVE.COM February 2012 2012-03-01 Transfer
DOMAINSERVICE.COM MONIKERDNS.NET April 2011 2011-05-01 Transfer
EVERYDNS.NET DOMAINSERVICE.COM November 2010 2010-12-01 Transfer
ELEPHANT-TRAFFIC.COM EVERYDNS.NET October 2010 2010-11-01 Transfer
DOMAINSERVICE.COM ELEPHANT-TRAFFIC.COM June 2010 2010-07-01 Transfer
DSREDIRECTION.COM DOMAINSERVICE.COM October 2009 2009-11-01 Transfer
SEDOPARKING.COM DSREDIRECTION.COM April 2008 2008-05-01 Transfer
DSREDIRECTION.COM SEDOPARKING.COM March 2008 2008-04-01 Transfer
FABULOUS.COM DSREDIRECTION.COM December 2007 2008-01-01 Transfer
SEDOPARKING.COM FABULOUS.COM October 2007 2007-11-01 Transfer
DSREDIRECTION.COM SEDOPARKING.COM July 2007 2007-08-01 Transfer
FABULOUS.COM DSREDIRECTION.COM February 2007 2007-03-01 Transfer
SMARTNAME.COM FABULOUS.COM October 2006 2006-11-01 Transfer
FABULOUS.COM SMARTNAME.COM July 2006 2006-08-01 Transfer
N/A FABULOUS.COM August 2005 2005-09-01 New


Faceook.com
Old Hoster New Hoster Month / Year Zone Date Transaction
TFBNW.NET FACEBOOK.COM July 2012 2012-08-01 Transfer
N/A TFBNW.NET January 2012 2012-02-01 New
DOMAINMANAGER.COM N/A December 2011 2012-01-01 Deleted
DSREDIRECTION.COM DOMAINMANAGER.COM October 2009 2009-11-01 Transfer
FABULOUS.COM DSREDIRECTION.COM September 2009 2009-10-01 Transfer
NAME-SERVICES.COM FABULOUS.COM August 2009 2009-09-01 Transfer
DSREDIRECTION.COM NAME-SERVICES.COM May 2009 2009-06-01 Transfer
FASTPARK.NET DSREDIRECTION.COM February 2009 2009-03-01 Transfer
DSREDIRECTION.COM FASTPARK.NET January 2009 2009-02-01 Transfer
DNSNAMESERVER.ORG DSREDIRECTION.COM October 2008 2008-11-01 Transfer
QSRCH.NET DNSNAMESERVER.ORG June 2006 2006-07-01 Transfer
SECURESERVER.NET QSRCH.NET October 2005 2005-11-01 Transfer
QSRCH.NET SECURESERVER.NET September 2005 2005-10-01 Transfer
N/A QSRCH.NET May 2005 2005-06-01 New

just thought you guy might be interested.
 
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Faceook.com

Just looking at the history on that one, it clearly was not sold to Facebook.

It was deleted and dropped in January 2012:

https://www.thedomains.com/2012/01/...t-for-friday-26-out-of-30-are-facebook-typos/
TOP DELETING DOMAINS FOR FRIDAY, JANUARY 27, 2012

And was immediately picked up by Facebook on the drop:

Archived on January 30, 2012:

Domain Name: FACEOOK.COM

Updated Date: 30-jan-2012
Creation Date: 27-jan-2012
Expiration Date: 27-jan-2013

Registrar: DOMAINARMADA
Registrant [1942823]:
Susan Kawaguchi [email protected]
1829 Anne Way
San Jose
CA
95124
US

So, anyone claiming that name was sold to Facebook is not telling the truth. I haven't bothered to check the others, since the notion that Facebook pays $100k for typos is ridiculous.
 
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Just looking at the history on that one, it clearly was not sold to Facebook.

It was deleted and dropped in January 2012:

https://www.thedomains.com/2012/01/...t-for-friday-26-out-of-30-are-facebook-typos/
TOP DELETING DOMAINS FOR FRIDAY, JANUARY 27, 2012

And was immediately picked up by Facebook on the drop:

Archived on January 30, 2012:

Domain Name: FACEOOK.COM

Updated Date: 30-jan-2012
Creation Date: 27-jan-2012
Expiration Date: 27-jan-2013

Registrar: DOMAINARMADA
Registrant [1942823]:
Susan Kawaguchi [email protected]
1829 Anne Way
San Jose
CA
95124
US

So, anyone claiming that name was sold to Facebook is not telling the truth. I haven't bothered to check the others, since the notion that Facebook pays $100k for typos is ridiculous.


I figured you'd check but giving proof of one domain dropping and getting picked up by facebook isn't automatic proof the rest weren't purchased by Facebook.

As stated the domains I heard were purchased by Facebook were 3 domains but I had discovered 4 possible domains.

So it could still fit the story that there were three domains purchased. Faceook.com was not one of them as you have proved.

As far as Facebook not paying $100K for typos all I have to say is as mentioned here.

Facebook would not like to set a precedence that Facebook will buy "Facebook" domains or there will be a run on Facebook domain reg runs.

So it would make sense that if they did purchase these typos for $100K each it would be in their best interest to keep it a secret.

With that said. The people who told me probably should not have told me or retold me as there was probably an NDA in place....lol

Woops!
 
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Guys, any experience .. cases happened you would like to share?
it would make more sense than just assuming.
Thank you
Few years ago i had a similiar "problem" with a Germanys Internet Provider, i had their original domain name in .net (tld), then they threatened me with a report to the police and I received a written warning from their lawyers. In the end, I had no choice but to remove the domain.
 
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Sell them.ask your desired amount.

there should be a law..that you can own any domain but cant use or develop it if its look like a similar domain from a big company.
 
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