I am the owner of https://*******onfacebook.com . Its a free tool to find mutual friends between two or more people.
I made a facebook account to promote this website on many FB groups about mutual friends. The account got blocked because i had spammed too many different FB groups. Then i made the mistake of appealing the block using the same phone number that's connected to my regular facebook account, so now they know my first and last name as well... Shortly after this F*ck-up I received the following email in the inbox of my normal email address.
To Whom It May Concern:
We are writing concerning your registration and use of the domain name *******onfacebook.com, which contains the famous Facebook trademark.
As you undoubtedly know, Facebook is the leading online social network service. Meta Platforms, Inc. (“Meta”), previously Facebook, Inc., adopted the name and trademark Facebook in February 2004 and, since that time, 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. Meta 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, Meta enjoys broad trademark rights in the name Facebook.
Meta has made a substantial investment in developing and providing its services. As a result of its 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 the registration and use of ******onfacebook.com. As we hope you can appreciate, protection of its trademarks is very important to us. The registration and use of [[domain_name]] violate 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 numerous proceedings before the United Nation's World Intellectual Property Organization's arbitration panel in order to protect our rights, and have recovered thousands of domain names. We are concerned that registrant’s unauthorized use of the Facebook name may cause confusion as to whether registrant or registrant’s company’s activities are authorized, endorsed or sponsored by Meta when, in fact, they are not.
We understand that you may have registered *********onfacebook.com without full knowledge of the law in this area. However, we are concerned about your use of the Facebook trademark in the 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 Meta respects your right of expression and desire to conduct business on the Internet, Meta must enforce its own rights in order to protect its valuable and famous trademark. For these reasons, and to avoid consumer confusion, Meta must insist that you immediately stop using ********onfacebook.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.
The domain name, *******onfacebook.com, is currently resolving to a parked page, pay-per-click advertising, sponsored links or other unauthorized use. Please disable the servers so they do not connect to a page with content.
Please confirm in writing that you will agree to resolve this matter as requested.
Sincerely,
Meta IP & DNS Enforcement Group Legal Dept. Meta Platforms, Inc.
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I am not diluting their trademark and am not claiming affiliation with Meta or Facebook. There is a disclaimer on the website that says that the trademark is used nominatively only. Just as the website www.twittervideodownloader.com is using the trademark Twitter nominatively as well. That website is still up, so what's wrong with mine?
I used the answer from this lawexchange post to create the disclaimer. The subject of the email i received is Privacy Forward - [from:enf.facebook.1******@ad-facebook.com] *******onfacebook.com - Notice of Facebook Trademark Infringement. The email originates from ***********@identity-protect.org.
What should i do? Do they really have something on me? They're saying i'm violating the Lanham Act (15 U.S.C. 1051 et seq.) because i'm diluting the trademark Facebook. But how am i diluting their trademark? The site hosts nothing more but a free tool. They are also saying that *The domain name, ********onfacebook.com, is currently resolving to a parked page, pay-per-click advertising, sponsored links or other unauthorized use.. This is again not true. It resolves to an angular app for determining mutual friends between two or more facebook users online. It currently does not show any advertisements either.
The content also looks like a standard template because they forgot to replace [[domain_name]] in the phrase The registration and use of [[domain_name]] with the url https://*****onfacebook.com . It could very well be that they didn't even bother to read my disclaimer.
What should i do? Do they really have legitimate grounds to sue me? I must add that i reside in the Netherlands so the website https://*********onfacebook.com is not subject to US law. Can they file a case against me even when there is no ground to do so at all?
