Home > News > Facebook's Trademark Suit Against Faceporn Is Dismissed • Bookmark   • Newsletters   • Register Search Options


Facebook's Trademark Suit Against Faceporn Is Dismissed

Facebook's Trademark Suit Against Faceporn Is Dismissed
Get XBIZ News
May 21, 2012 2:45 PM PDT    Text size: 

SAN JOSE, Calif. — The legal showdown between Facebook and Faceporn is officially over after a federal judge today dismissed the case based on lack of jurisdiction.

The win for Faceporn operator Thomas Pedersen of Bergen, Norway, comes months after a U.S. magistrate judge recommended the case dismissed for that reason.

The stakes were high for Pedersen in the case as Palo Alto, Calif.-based Facebook earlier this year  moved for entry of a default judgment against him. The social network also asked for attorneys fees, as well as the transfer of a number of domains — FacePorn.com, FacePorn.net and FacePorn.org (the sites currently redirect to Faceporn.no).

In March, however, U.S. Magistrate Judge Nathaniel Cousins ruled that Facebook's suit didn't pass the Calder test and likely could not continue.

The so-called Calder test requires that the nonresident defendant commit an intentional act, that was expressly aimed at the forum state and that caused harm that the nonresident defendant knew would likely be suffered in the forum state.

Facebook failed the second test, Cousins ruled, saying the social network "does not put forth factual allegations that suggest that confusion actually has occurred or that any of Facebook’s potential customers have been sidetracked to Faceporn’s website as a result of defendants’ conduct."

Facebook initiated the suit in October 2010, claiming Pedersen's sites promulgate brand tarnishment, dilution or confusion.

At the time, Facebook said that Faceporn "blatantly copied the Facebook logo, site and Wall trademark." Screen shots filed with the lawsuit show some Facebook-like elements, including Wall postings and a similar blue-and-white color scheme. Instead of poking, Faceporn users sent "flirts."

But Faceporn.com and the other sites eventually became tube sites shortly after Facebook filed suit.

Today, U.S. District Judge Jeffrey White dismissed Facebook's case against Pedersen and the Faceporn properties.

"The court has reviewed Magistrate Judge Nathanael M. Cousins’ report and recommendation regarding [Facebook's] motion for default judgment," White wrote. "The court has received no objections. The court finds the report correct, well-reasoned and thorough, and adopts it in every respect. Accordingly, the court denies [Facebook]’s motion for default judgment and dismisses this action for lack of personal jurisdiction."   

Pedersen said that he's anticipated Monday's ruling from the U.S. District Court in San Jose, Calif., for quite some time.

"But it's a relief to finally get this out of the way and be able to fully focus on the future and further develop our company," Pedersen told XBIZ. "From the very start I have felt that a Californian court was the wrong venue for this lawsuit, since I do not live in the U.S., but with the rise in 'illegal' U.S. domain seizures the past years I was never very confident about the outcome.

"Considering I did not have counsel in the U.S. to fight jurisdiction on my behalf ... it's a big relief to finally see justice prevail."

Officials at Facebook, which just last week made its initial public offering, did not comment to XBIZ by post time. 

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


E-Stim Basics: Selling Customers on Powerboxes as Pleasure Tools

Electrosex is a commonly misunderstood pleasure practice for good reason: Most of us have negative associations with electricity; maybe we’ve been shocked after rubbing our feet across a carpeted... More »

Search Oftentimes Is Left to Chance

Adult content is frowned upon in search, whether in paid, organic or social. With the big algo updates from the past few years, Google has cleaned up search, trying to get rid of spammy and low-quality... More »

Five Tips to Generate Repeat Business

A $50 sale is great. But what if you could get that same $50 sale to come back four times in the next few months? Here are some ideas how to achieve that. 1) On your receipts, you should have an option... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.



Nov 04 - Nov 06
Edison, New Jersey

2016 Inked Awards

Nov 05 - Nov 05
Edison, New Jersey

XBIZ 2017

Jan 09 - Jan 13
Hollywood, CA

XBIZ Awards 2017

Jan 12 - Jan 12
Los Angeles, CA
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!