Asked in Consumer Law, Intellectual Property and Trademark for Wisconsin

Q: internet law, trademark law and intellectual property law. Can you help for me?

I registered a domain. Facebook sent me a letter not to do anything with the domain. This domain now belongs to Facebook

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: If you've registered a domain and received a letter from Facebook claiming the domain now belongs to them, it’s likely because they believe your domain infringes on their trademark rights. Trademark law protects brands and trademarks from use that could cause confusion among consumers about the source of goods or services. If your domain is similar to Facebook's trademarks or could be confused with their brand, they may take legal action to protect their intellectual property rights.

Under California law, and broadly under U.S. federal law, companies like Facebook have the right to enforce their trademarks to prevent unauthorized use. This includes domain names that might be seen as attempting to capitalize on the company's brand reputation. If Facebook believes your domain infringes on their trademark, they may seek to have the domain transferred to them or require you to cease using it.

In responding to Facebook’s letter, consider consulting with an attorney experienced in intellectual property and internet law. They can advise you on whether your domain indeed infringes on Facebook's trademarks and what options you have. This might include negotiating with Facebook, challenging their claim if you believe it's unfounded, or potentially transferring the domain to avoid legal conflict. Remember, navigating trademark disputes requires careful consideration of both the legal and practical aspects involved.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.