Facebook Claims Infringement Over Nigerian Site Facekobo.com [case #486923]

For the 2nd time in less than a year Facebook is attempting to bulldoze me from fear of competition, FaceKobo was formed with our local KOBO, unit of Naira. Initially Facebook had claimed that I built Facekobo like Facebook, adopting its colors, since that didn't fly, they are coming for the name, the first thing that comes to my mind is 'who the hell do they think they are'...??......While contacted Nigerian lawyers home and abroad were easily intimidated by the name FACEBOOK, my Jewish lawyer asked me to ignore their rant...saying "Facebook knows what to do" if they consider me a threat, back then Facekobo was ranked 1.4 million today at 260,000 they R back...........what do you advise?

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To Whom It May Concern,

We are writing concerning your registration and use of the domain name [url]facekobo.com[/url], which contains the famous Facebook trademark.

As you undoubtedly know, Facebook is the leading online social network service. Facebook adopted the name and trademark Facebook in February 2004 and, since that time, Facebook has actively used the Facebook name and trademark in connection with its online social network service, including maintaining the web site www.Facebook.com. The term Facebook is one of the most famous trademarks on the Internet. Facebook owns exclusive trademark rights to the Facebook name as a result of numerous trademark registrations in the United States and internationally, as well as related common law rights. Accordingly, Facebook enjoys broad trademark rights in its name.

Facebook has made a substantial investment in developing and providing its services. As a result of Facebook’s pioneering efforts and devoting substantial effort and resources to providing only high quality services, the Facebook name and trademarks are widely known among the consuming public worldwide, and the name and trademarks embody substantial and valuable goodwill.

Accordingly, we were concerned when we learned of your registration and use of facekobo.com. As we hope you can appreciate, protection of its trademarks is very important to Facebook. Your registration and use of facekobo.com violates the Lanham Act (15 U.S.C. 1051 et seq.) because it infringes and dilutes the famous Facebook trademark.

Infringement occurs when a third party’s use of a company’s trademark (or a confusingly similar variation thereof) is likely to confuse consumers as to the affiliation, sponsorship or endorsement of the third party’s services. Trademark dilution occurs when a third party’s use of a variation of a company’s trademark is likely to lessen the distinctiveness of the company’s famous trademark.

We have filed several proceedings before the United Nation's World Intellectual Property Organization's arbitration panel. Facebook has prevailed in each case and the domain names at issue were all ordered to be transferred to Facebook. Facebook is concerned that your unauthorized use of the Facebook name may cause confusion as to whether you or your company’s activities are authorized, endorsed or sponsored by Facebook when, in fact, they are not.

We understand that you may have registered facekobo.com without full knowledge of the law in this area. However, Facebook is concerned about your use of the Facebook trademark in your domain name. As you may know, the Anticybersquatting Consumer Protection Act provides for serious penalties (up to $100,000 per domain name) against persons who, without authorization, use, sell, or offer for sale a domain name that infringes another’s trademark.

While Facebook respects your right of expression and your desire to conduct business on the Internet, Facebook must enforce its own rights in order to protect its valuable and famous trademark. For these reasons, and to avoid consumer confusion, Facebook must insist that you immediately stop using facekobo.com and disable any site available at that address. You should not sell, offer to sell, or transfer the domain name to a third party and should let the domain registration expire.

Please confirm in writing that you will agree to resolve this matter as requested. If we do not receive confirmation from you that you will comply with our request, we will have no choice but to pursue all available remedies against you.

Sincerely,

Ethel

Legal Dept.
Facebook, Inc

My question therefore is why hasn't Facebook shut down Facekoob.ir which is Iranian social network built like Facebook in its colors?? Is it because Americanas are afraid of Iran?

Facebook actually made attempts to shut down Facekobo.com last year through a request to my host, but they got a shocker their lobbyist law that allows a big company to swallow new startups does not apply to my host country. If I had bought my domain in USA or was hosting in USA, I would have been taken out without notice. It is for reasons like this that one appreciates countries like Russia, China and Iran countries the United states can not bully into submission.

guy no be small war o. on a serious note, they cannot do shit about it because Google sold the domain to you. I find you a lucky man because they may opt to pay you some compensation to help persuade you. a $30k isn't that bad.

Interesting

Op is high on cold Poo poo poo. Facekobo kobo koh face cowrie ni.. There is nothing on your site to even make zukerberg move. If u need publicity say so, not this man- don't come here and say facebook is in a competition with u.

Intriguing...

@xxxtedyxxx
*Your Point??....
This is first mail Facebook sent last May, 2015.


from: enforcement@mm-facebook.com
reply-to: enforcement@mm-facebook.com
to: contact@facekobo.com
date: Tue, May 5, 2015 at 2:44 PM
subject: facekobo.com - Notice of Facebook Trademark Infringement [Case #421430]
To Whom It May Concern:

We write regarding your registration and use of the domain name facekobo.com, which contains the famous Facebook trademark.

As you know, Facebook is the leading online social network, available at www.facebook.com and on mobile devices. Facebook has used the Facebook trademark in connection with its social networking services since 2004. The Facebook trademark is registered in the United States and internationally, and is one of the most famous trademarks on the Internet. As we hope you can appreciate, protection of its trademarks is very important to Facebook.

We were concerned when we learned of your registration and use of facekobo.com. Specifically, your unauthorized use of the Facebook name is likely to cause confusion as to whether you or your company’s activities are authorized, endorsed, or sponsored by Facebook when, in fact, they are not. While Facebook respects your right of expression and your desire to conduct business on the Internet, Facebook must enforce its own rights in order to protect its valuable and famous trademark.

We recognize that you may not be aware of the laws that apply to trademarks and domain names. Registration and use of domains can violate the Lanham Act (15 U.S.C. 1051 and the following sections) if they infringe or are likely to dilute a trademark. Infringement occurs when a third party’s use of a company’s trademark (or a confusingly similar variation thereof) is likely to confuse consumers as to the affiliation, sponsorship or endorsement of the third party’s services. Trademark dilution occurs when a third party’s use of a variation of a company’s trademark is likely to lessen the distinctiveness of the company’s famous trademark. Registration and use of a domain name containing another’s trademark can also violate the Anticybersquatting Consumer Protection Act, and may be subject to transfer under the Uniform Domain-Name Dispute-Resolution Policy.

As a responsible trademark owner, where necessary we have filed proceedings in the relevant courts and also before the United Nation's World Intellectual Property Organization's arbitration panel to prevent the unauthorized use of our trademarks in domains. In these proceedings, the Facebook trademark has been found to be famous and to be entitled to broad protection.

To avoid consumer confusion and harm to the Facebook brand, we must insist that you stop using the name and domain facekobo.com and disable any site available at that address. You should not sell, offer to sell, or transfer the domain name to a third party and should let the domain registration expire.

You are of course welcome to explain on a replacement website that your product works with the Facebook Platform, or relates to the Facebook service, so long as that statement is fair and accurate, and does not falsely suggest that Facebook endorses you or your product. For more information on how to properly refer to Facebook, please visit our brand resource center at www.facebookbrand.com. For specific guidelines for developers, see https://developers.facebook.com/docs/guides/policy/examples_and_explanations/branding/.

Please confirm in writing that you will agree to resolve this matter as requested. We appreciate your cooperation.

Sincerely,
Ethel

Legal Dept.
Facebook, Inc.

dinggle:
Facebook actually made attempts to shut down Facekobo.com last year through a request to my host, but they got a shocker their lobbyist law that allows a big company to swallow new startups does not apply to my host country. If I had bought my domain in USA or was hosting in USA, I would have been taken out without notice. It is for reasons like this that one appreciates countries like Russia, China and Iran countries the United states can not bully into submission.

,.

You need to find out 1st if Facebook trademarked the name.
It's similar to Microsoft no one can use any domain containing Microsoft or you will be sued.

If they did trademark Facebook my brother let the name go. I hope your lawyer knows his job properly or else you could be be the one to pay Facebook.

Don't let people deceive you.
You also need to do a lot of digging.
Try to ask questions about the domain on namepros.com it's a forum for domains related issues only.

Goodluck.

xxxtedyxxx:
Op is high on cold Poo poo poo. Facekobo kobo koh face cowrie ni.. There is nothing on your site to even make zukerberg move. If u need publicity say so, not this man- don't come here and say facebook is in a competition with u.

It's not about his site, but its name which might cause confusion.
You grab now?

javijabor1:
You need to find out 1st if Facebook trademarked the name.
It's similar to Microsoft no one can use any domain containing Microsoft or you will be sued.

If they did trademark Facebook my brother let the name go. I hope your lawyer knows his job properly or else you could be be the one to pay Facebook.

Don't let people deceive you.
You also need to do a lot of digging.
Try to ask questions about the domain on namepros.com it's a forum for domains related issues only.

Goodluck.

I don't think Facebook can win this battle because they only have the trademark of Facebook and not face or book. if they had the power, believe you me op's site would have been down long ago.

dinggle:
My question therefore is why hasn't Facebook shut down Facekoob.ir which is Iranian social network built like Facebook in its colors?? Is it because Americanas are afraid of Iran?

Facebook has since gained control of facebook.ir

https://www.namepros.com/threads/facebook-gains-control-of-facebook-ir.599664/

regards
HK

dinggle:
My question

They have the right over your domain becuase you infringe into facebook trade mark.

For example in your about page you wrote abt facebook: Facekobo is the social network to connect, share,
advertise. The Facebook alternative for users
dissatisfied with Facebook's handling of users
privacy settings and its mind control experiments.



You made a big mistake bro by writing the above. In real sense the have no case (u will win them) but the above will make them win you easily.

I am a domainer (i buy and sell domains). I have some knowledge about trademark.


If you are wise follow this tips i will give you now.

1. Remove every of your write up that contain facebook etc.

2. Remove/ block every ad that show facebook.

3. remove every logo of facebook from ur site.

Though this is some how a serous case because you are also in the same niche which facebook. also ur domain was reg jan 2015... All this a pointing to bad faith bro.

Now this is my brotherly advice to you:

Take down your domain name reg another domain and continue with ur site but never for get advice: 1, 2 and 3 even when you have gotten another domain.



Once again take down the domain.


GOD BLESS NIGERIA

Aside using their trademark on your write up or logo etc, they don't have a case agains you. You cannot trade mark face or book as a single word. Face can be used on any domain . Also book can be used to form a domain name as long as its not facebook. If suppose you have some thing like facebookgirls. Facebookboys, facebookchat etc as domain name, then they have every right to take down your domain.


Likewise, microsoft cannot trademark micro and soft as single name, so some one can use micro with any other name to form a domain name as long as it does not have microsoft attached to it. One can use microman, micropicks, microfun as a domain name but if microsoft is attached, then microsoft can take it down

Since yours is facekobo, facebook don't have a say to shut it down. My advice will be for you to remove every of their trademark in your write up or logo or adverts to play safe because aside that, they don't have a case

fxstory:
Aside using their trademark on your write up or logo etc, they don't have a case agains you. You cannot trade mark face or book as a single word. Face can be used on any domain . Also book can be used to form a domain name as long as its not facebook. If suppose you have some thing like facebookgirls. Facebookboys, facebookchat etc as domain name, then they have every right to take down your domain.


Likewise, microsoft cannot trademark micro and soft as single name, so some one can use micro with any other name to form a domain name as long as it does not have microsoft attached to it. One can use microman, micropicks, microfun as a domain name but if microsoft is attached, then microsoft can take it down

Since yours is facekobo, facebook don't have a say to shut it down. My advice will be for you to remove every of their trademark in your write up or logo or adverts to play safe because aside that, they don't have a case

I concur. op do the needful

So this crap made fp? Una for use that space promote my Android app PN Gates

hostkobo:


Facebook has since gained control of facebook.ir

https://www.namepros.com/threads/facebook-gains-control-of-facebook-ir.599664/

regards
HK

he meant faceKOOB.ir

What kind of "About Us" is this on your website?

Facekobo is the social network to connect, share, advertise. The Facebook alternative for users dissatisfied with Facebook's handling of users privacy settings and its mind control experiments.

Dont mess with their Lawyers...

fxstory:
Aside using their trademark on your write up or logo etc, they don't have a case agains you. You cannot trade mark face or book as a single word. Face can be used on any domain . Also book can be used to form a domain name as long as its not facebook. If suppose you have some thing like facebookgirls. Facebookboys, facebookchat etc as domain name, then they have every right to take down your domain.


Likewise, microsoft cannot trademark micro and soft as single name, so some one can use micro with any other name to form a domain name as long as it does not have microsoft attached to it. One can use microman, micropicks, microfun as a domain name but if microsoft is attached, then microsoft can take it down

Since yours is facekobo, facebook don't have a say to shut it down. My advice will be for you to remove every of their trademark in your write up or logo or adverts to play safe because aside that, they don't have a case

Best advice so far.

dinggle:
@xxxtedyxxx
*Your Point??....
This is first mail Facebook sent last May, 2015.


from: enforcement@mm-facebook.com
reply-to: enforcement@mm-facebook.com
to: contact@facekobo.com
date: Tue, May 5, 2015 at 2:44 PM
subject: facekobo.com - Notice of Facebook Trademark Infringement [Case #421430]
To Whom It May Concern:

We write regarding your registration and use of the domain name facekobo.com, which contains the famous Facebook trademark.

As you know, Facebook is the leading online social network, available at www.facebook.com and on mobile devices. Facebook has used the Facebook trademark in connection with its social networking services since 2004. The Facebook trademark is registered in the United States and internationally, and is one of the most famous trademarks on the Internet. As we hope you can appreciate, protection of its trademarks is very important to Facebook.

We were concerned when we learned of your registration and use of facekobo.com. Specifically, your unauthorized use of the Facebook name is likely to cause confusion as to whether you or your company’s activities are authorized, endorsed, or sponsored by Facebook when, in fact, they are not. While Facebook respects your right of expression and your desire to conduct business on the Internet, Facebook must enforce its own rights in order to protect its valuable and famous trademark.

We recognize that you may not be aware of the laws that apply to trademarks and domain names. Registration and use of domains can violate the Lanham Act (15 U.S.C. 1051 and the following sections) if they infringe or are likely to dilute a trademark. Infringement occurs when a third party’s use of a company’s trademark (or a confusingly similar variation thereof) is likely to confuse consumers as to the affiliation, sponsorship or endorsement of the third party’s services. Trademark dilution occurs when a third party’s use of a variation of a company’s trademark is likely to lessen the distinctiveness of the company’s famous trademark. Registration and use of a domain name containing another’s trademark can also violate the Anticybersquatting Consumer Protection Act, and may be subject to transfer under the Uniform Domain-Name Dispute-Resolution Policy.

As a responsible trademark owner, where necessary we have filed proceedings in the relevant courts and also before the United Nation's World Intellectual Property Organization's arbitration panel to prevent the unauthorized use of our trademarks in domains. In these proceedings, the Facebook trademark has been found to be famous and to be entitled to broad protection.

To avoid consumer confusion and harm to the Facebook brand, we must insist that you stop using the name and domain facekobo.com and disable any site available at that address. You should not sell, offer to sell, or transfer the domain name to a third party and should let the domain registration expire.

You are of course welcome to explain on a replacement website that your product works with the Facebook Platform, or relates to the Facebook service, so long as that statement is fair and accurate, and does not falsely suggest that Facebook endorses you or your product. For more information on how to properly refer to Facebook, please visit our brand resource center at www.facebookbrand.com. For specific guidelines for developers, see https://developers.facebook.com/docs/guides/policy/examples_and_explanations/branding/.

Please confirm in writing that you will agree to resolve this matter as requested. We appreciate your cooperation.

Sincerely,
Ethel

Legal Dept.
Facebook, Inc.

Everyone knows using another company's trademark or logo is infringement of the law, we all grab that.

Y should your site contain facebook's trademark in the first place?

dinggle:
Facebook actually made attempts to shut down Facekobo.com last year through a request to my host, but they got a shocker their lobbyist law that allows a big company to swallow new startups does not apply to my host country. If I had bought my domain in USA or was hosting in USA, I would have been taken out without notice. It is for reasons like this that one appreciates countries like Russia, China and Iran countries the United states can not bully into submission.

your domain registrar is from which country

Dont mind them jo.

I just visited your site. seems you have removed all trademarks regarding facebook. if you have, then you are safe.

What does facebook mean, so we can't use our own naira and kobo to form our own domain name or start-up because the name face is there or because it will confuse their users? Do they own the naira? Big bully all the way from the US coming to find trouble here in our local corner in Nigeria. so If theirs was FaceNaira.com, they would have probably stopped Seun from registering nairaland? rubbish!

Please you have a case. If they want the domain so badly they should settle you then and get it, not threatening you.

By the way, your site still needs a lot of work, You still need to identify your business model and your site's USP (unique selling point), then add a few addictive features. Making it look like another facebook or twitter-like clone or any of the social networks currently on will not fly. Find that Unique perspective (Nigerian Flavour) and your site will fly.

Goodluck!

I received the 3rd mail from Facebook this afternoon 17th March, 2016

facekobo.com - Notice of Facebook Trademark Infringement [Case #491209]

To Whom It May Concern,

We are writing concerning your registration and use of the domain name facekobo.com, which contains the famous Facebook trademark.

As you undoubtedly know, Facebook is the leading online social network service. Facebook adopted the name and trademark Facebook in February 2004 and, since that time, Facebook has actively used the Facebook name and trademark in connection with its online social network service, including maintaining the web site www.Facebook.com. The term Facebook is one of the most famous trademarks on the Internet. Facebook owns exclusive trademark rights to the Facebook name as a result of numerous trademark registrations in the United States and internationally, as well as related common law rights. Accordingly, Facebook enjoys broad trademark rights in its name.

Facebook has made a substantial investment in developing and providing its services. As a result of Facebook’s pioneering efforts and devoting substantial effort and resources to providing only high quality services, the Facebook name and trademarks are widely known among the consuming public worldwide, and the name and trademarks embody substantial and valuable goodwill.

Accordingly, we were concerned when we learned of your registration and use of facekobo.com. As we hope you can appreciate, protection of its trademarks is very important to Facebook. Your registration and use of facekobo.com violates the Lanham Act (15 U.S.C. 1051 et seq.) because it infringes and dilutes the famous Facebook trademark.

Infringement occurs when a third party’s use of a company’s trademark (or a confusingly similar variation thereof) is likely to confuse consumers as to the affiliation, sponsorship or endorsement of the third party’s services. Trademark dilution occurs when a third party’s use of a variation of a company’s trademark is likely to lessen the distinctiveness of the company’s famous trademark.

We have filed several proceedings before the United Nation's World Intellectual Property Organization's arbitration panel. Facebook has prevailed in each case and the domain names at issue were all ordered to be transferred to Facebook. Facebook is concerned that your unauthorized use of the Facebook name may cause confusion as to whether you or your company’s activities are authorized, endorsed or sponsored by Facebook when, in fact, they are not.

We understand that you may have registered facekobo.com without full knowledge of the law in this area. However, Facebook is concerned about your use of the Facebook trademark in your domain name. As you may know, the Anticybersquatting Consumer Protection Act provides for serious penalties (up to $100,000 per domain name) against persons who, without authorization, use, sell, or offer for sale a domain name that infringes another’s trademark.

While Facebook respects your right of expression and your desire to conduct business on the Internet, Facebook must enforce its own rights in order to protect its valuable and famous trademark. For these reasons, and to avoid consumer confusion, Facebook must insist that you immediately stop using facekobo.com and disable any site available at that address. You should not sell, offer to sell, or transfer the domain name to a third party and should let the domain registration expire.

Please confirm in writing that you will agree to resolve this matter as requested. If we do not receive confirmation from you that you will comply with our request, we will have no choice but to pursue all available remedies against you.

Sincerely,

Ethel

Legal Dept.
Facebook, Inc.

dinggle:
I received the 3rd mail from Facebook this afternoon 17th March, 2016

Give them the option to buy it.

javijabor1:


Give them the option to buy it.

Another big mistake to make. Lol.

They will take over the domain soon.

just a matter of time.

The op want to hear only advice that will favour him.

Well Good luck to you @ dinggle

@OP Facebook is just trying to scare you into submission.I don't see how facekobo relates to facebook unless you have their logo on your site or so. Ignore them.

@OP, I think you've just hit a goldmine...

Speechless, As for me, I say, stay calm and watch what is on your site. Do not involve facebook in any of your content so as not to complicate the whole issue. If they have trouble with the domain, let them negotiate, do not reply them until their offer comes, reply them with scope oo, sound English and lovely grammatical expression. Reply them like you are a huge company and not some small Blogger. Let them keep on quoting law, please I would want to know who you bought the domain from?

From an objective point of view,
if your site was registered Jan 2016 and its a social network for friends and family with the name facekobo.com
then certainly, your domain name drew inspiration from Facebook.com domain name.
In that regard, they have a strong case against you.