UnblockFacebook.com - Facebook is Telling me to take it down

**Shenron** · 12 September, 2009, 07:07 AM

I suggest you make sure it's really Facebook on the other end.

I'd tell them you have no intention in keeping the site as long as you're sure it's actually them on the other end. Tell them there's a lot of scammers around these days and you don't want to risk your name to one of those scammers.

Ask them to send you a Digitally Signed email with that note and you drop the name.

It's sooo easy to fake email headers and return addresses these days...

**Keldorn** · 12 September, 2009, 12:37 PM

How does Digitally Signed Email work? Do they have like a PGP Public Key on their website and they encrypted their message with their Private key and ask you to get the public key off their website and decrypt the signed part so you know its legit?

oh as I mentioned before I got the same email as Proxysites.ca got, but the thing is the domain is a good earner, even 2 years old the site still makes more money then new proxies I make or even the ones I spent tons of advertising on. I never spent a dime of advertising on it. There is not a way in hell I would drop it or give it away. I am thinking of buying a domain and just replace the "facebook" to "FB" Then just 301 it.

**RedPhoenix** · 14 September, 2009, 15:07 PM

Thanks IN advance and what do you think I should do or what is the process?

If they haven't even threatened legal action yet, you've got a while. It tends to run in cycles.
1. Hey cut it out <_<
2. I'm serious
3. Look, do it, or I'll send my lawyer after you.
4. Contacted by attorney
5. Injunction filed.

You're on 1(maybe)
I'd suggest waiting until at least 2. You'd be surprised how lazy places like this are. They may never contact you again.
At a minimum, you can keep earning money until they get around to contacting you again(probably quite some time, if at all).

No one files suit as option #1
Way too expensive.

**TopDogger** · 14 September, 2009, 18:56 PM

Originally Posted by Keldorn

I got one too. Like last month from markmonitor saying to take down my domain that has 'facebook' in it. I have not taken it down.
And haven't heard back from them yet..

Although I'm firmly sure I'm not breaking any laws. My site does not resemble facebook in any way. (The site is bright RED. Not even blue! ) and does not contain any service they offer. There is no way anyone could mistake it for being facebook. "Facebook" is just a quittance and its only resemblance. I never even heard of Facebook before I regiestered it. I swear. What is facebook?

You are a bit naive. It is not a matter of your site being mistaken for FaceBook. If you are using a trademarked name in your domain name, you are in violation of the trademark law. You will lose if they take you to court. A trademake has nothing to do with the way a site looks. A trademark refers to the use of a trademarked name or logo.

Trade mark = business name.

It may be a matter of which country you are in and how strong the trademark laws are in your country. As Shenron mentioned, make sure it is FaceBook and not someone trying to get you to give them the domain.

**Keldorn** · 14 September, 2009, 23:28 PM

Originally Posted by TopDogger

You are a bit naive. It is not a matter of your site being mistaken for FaceBook. If you are using a trademarked name in your domain name, you are in violation of the trademark law. You will lose if they take you to court. A trademake has nothing to do with the way a site looks. A trademark refers to the use of a trademarked name or logo.

Trade mark = business name.

It may be a matter of which country you are in and how strong the trademark laws are in your country. As Shenron mentioned, make sure it is FaceBook and not someone trying to get you to give them the domain.

A trademark is not a business name, its a mark either being a word or image that describes a service that registered by a registered business entity.

Looking at Trademark of 'FACEBOOK'. How could they construe your violating their trademark with a proxy?
Here is their Deffination of what their service mark means from the trademark database (Uspto.gov)

Word Mark: FACEBOOK
Goods and Services : IC 035. US 100 101 102. G & S: Providing an online directory information service featuring information regarding, and in the nature of, collegiate life, general interest, classifieds, virtual community, social networking, photo sharing, and transmission of photographic images; advertising and information distribution services, namely, providing classified advertising space via the global computer network; promoting the goods and services of others over the Internet; providing on-line computer databases and on-line searchable databases in the field of classifieds

IC 038. US 100 101 104. G & S: Providing online chat rooms and electronic bulletin boards for registered users for transmission of messages concerning collegiate life, general interest, classifieds, virtual community, social networking, photo sharing, and transmission of photographic images; providing on-line computer databases and on-line searchable databases in the field of transmission of photographic images and provision of on-line forums for communications on topics of general interest

IC 041. US 100 101 107. G & S: Providing on-line computer databases and on-line searchable databases in the field of collegiate life, photosharing and video sharing

IC 042. US 100 101. G & S: Computer services, namely, hosting online web facilities for others for organizing and conducting online meetings, gatherings, and interactive discussions; and computer services in the nature of customized web pages featuring user-defined information, personal profiles and information; providing on-line computer databases and on-line searchable databases in the field of virtual community

IC 045. US 100 101. G & S: Internet based introduction and social networking services; providing on-line computer databases and on-line searchable databases in the field of social networking

Unless somehow you could construe that the domain is providing any of the above services mentioned in Goods and services of the Service Mark. I dont think there is really much they can do. I'm not a lawyer but this is how I understand it. Now if you registered "facebook123.com" and upload Boonex Dolphin on it, then you could 100% certain that you would be violating the service mark 'FACEBOOK' as you would providing many of those services as its described.
Regards,
Keldorn.

**ProxySites.ca** · 14 September, 2009, 23:58 PM

Interesting keldorn, thanks!

**Keldorn** · 15 September, 2009, 00:01 AM

Proxysites.ca remember I'm not a lawyer, take what I say as only an opinion.

**decipher** · 15 September, 2009, 00:33 AM

It is in violation of trademark laws, I would recommend putting it down.

However if you made the site to target a completely different niche then it would be ok and they couldn't take and legal action.

**ProxySites.ca** · 15 September, 2009, 00:38 AM

I understand that, thank you again!

**Will.Spencer** · 24 September, 2009, 08:32 AM

If you look at the WIPO cases Facebook has been involved with, they do appear to be actively prosecuting people whom they feel are violating their trademark.