Wednesday, November 3, 2010

Facebook Trademark Suit Involves Different Kind of 'Poking'

Image representing Facebook as depicted in Cru...Image via CrunchBase
In Facebook, Inc. v. Thomas Pedersen d/b/a (Case No. cv10-4673), filed in the U.S. District Court for the Northern District of California, the social networking giant has sued an adult site for trademark dilution, trademark infringement, cybersquatting and unfair competition.

Which may clarify the following message on Faceporn's Twitter page: "Forced to close down for a while, due to unforeseen circumstances."  In happier times, the adult Web site professed to be the "number one socializing porn and sex network."

According to the lawsuit filed October 15, 2010, Facebook claims Faceporn mimicked its logo, color scheme and wall trademark. Facebook alleges, pursuant to  Lanham Act Section 35 15 U.S.C. sec. 1117, that users may mistakenly believe that Facebook and are somehow affiliated because of the defendant's alleged misappropriation and dilution of the Facebook name, brand and trademark.

Kudos to attorney Eric Sinrod, an intellectual property litigator who writes a column for, for writing about the case. promises to resurface on the World Wide Web. That's a site that gives new meaning to logout.

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