Facebook sues Faceporn

copyright-infringement

From the Register 25/10/10:

Facebook is suing Faceporn for alleged trademark infringement.

The social networking giant claims Faceporn copied its logo, aspects of its blue and white page design and other trademarks.

A statement on faceporn.com says: "Due to unforeseen circumstances, faceporn is down until further notice. We are doing our best to come back better than ever.

The death-knell of all public statements – “we’ll be back bigger, better, vastly improved” etc. etc.

Yeah – they never do.

"We're currently working to launch a completely new version of the site, and it will be the best porn site the world has ever seen."

I like the hard-talking bravado from Faceporn there. But isn’t that a bit reminiscent of Heineken’s strapline, “Heineken doesn’t do X but if we did… it’d be the best X in the world” Cue another law suit I say.  Likelihood of confusion?  Pah!!  When’s doubt over the credibility of an action ever prevented it from being brought?

Documents filed with the Northern District Court of California show Facebook wants Faceporn's URL and all revenue received.

A Facebook spokesman told IDG: "We don't believe Faceporn should be able to trade on our name and dilute and tarnish our brand while doing so. Where there is brand tarnishment, dilution, or confusion as there is with Faceporn and Facebook, we must enforce our rights to protect the integrity of our trademark."

But what about ‘facebook of sex’ – isn’t that piggybacking off of Facebook’s business goodwill as much/ more than Faceporn?  Admittedly Faceporn scored a bit of an own goal by obviously ripping off the Facebook theme,

Surely this isn’t a licensed reseller channel?  Be right back

Just to be clear, I only know about the existence of this FOS from the stats on Law Actually; over the last couple of years, I’ve received the odd visitor must weeks stumbling across my blog having Googled those 3 dreaded words.

I know – it’s a perverted world out there! 

Comments

  1. "Just to be clear, I only know about the existence of this FOS from the stats on Law Actually; over the last couple of years, I’ve received the odd visitor must weeks stumbling across my blog having Googled those 3 dreaded words."

    Oh Michael- if you believe that, then we will too. :)

    Paralegal Hell

    ReplyDelete
  2. "But isn’t that a bit reminiscent of Heineken’s strapline, “Heineken doesn’t do X but if we did… it’d be the best X in the world” Cue another law suit I say."
    Definitely. By Carlsberg against Heineken...

    ReplyDelete
  3. PH - honestly - it's true! :-0

    ASP - LOL - yep, that's the one. ;-)

    The fact I muddled them so easily, says a lot about both brands.

    Maybe it says something about me, too, but we won't reflect on that! ;-)

    ReplyDelete

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