Judge Won't Allow Expedited Discovery in FacebookOfSex Suit

SAN FRANCISCO — A federal judge has denied Facebook's request to expedite discovery requests in learning the identities of about 100 affiliates of FriendFinder-owned FacebookOfSex.com.

U.S. District Judge Donny Ryu on Friday ruled that Facebook hadn't demonstrated good cause for expedited discovery and that "its discovery requests are so broad as to be implausibly tailored for the sole purposes of discerning unnamed defendants’ identities and crafting a motion for preliminary injunction."

"[Facebook] may obtain discovery to identify unnamed defendants during the normal course of discovery," Ryu wrote.

FriendFinder and its affiliates have been the focus of an infringement claim by the mainstream social network giant since Facebook filed suit in April.

In the suit, Facebook says the name of FriendFinder's Traffic Cat site, FacebookOfSex.com, is too similar to its own trademarked name and it seeked expedited discovery to accelerate a more complete evidentiary record relative to alleged infringing uses of its trademark.

In a motion to nix Facebook's request, FriendFinder counsel Floyd Mandell of Katten Muchin Rosenman earlier said "no good cause exists for [Facebook's] proposed expedited fishing expedition to search for other entities to sue and to interfere with defendants’ business references."

Facebook's counsel, Michael Rhodes of the Cooley law firm, said that FriendFinder simply hadn't complied with its requests over information relative to names and addresses associated with its affiliate program and that talks have broken down.

Facebook counsel further said that FriendFinder continues to use the "Facebook" trademark in the FacebookOfSex.com domain, which directs users to another FriendFinder site, XMatch.com, and that the company continues to benefit from accepting traffic from the John Doe defendants’ infringing sites.

After the suit's filing FriendFinder removed most of the  content, leaving a login screen for existing members to log in to their accounts.

Facebook asked the court for expedited relief because it said it intends to  pursue a motion for a preliminary injunction against all defendants, which have been difficult to identify because many use a  proxy service domain registration that masks their identities.   

In its original suit filed in April at U.S. District Court in San Francisco, Facebook says FacebookOfSex.com " is a blatant attempt ... to hijack Facebook's fame for illicit financial gain."

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

European Commission to Assess Pornhub, XVideos, XNXX Compliance With Digital Services Act

The European Commission plans to conduct a study to determine how well adult sites Pornhub, XVideos and XNXX are addressing illegal content and other potential harms under the EU’s Digital Services Act.

German Higher Court Upholds Ban on PornHub, YouPorn

The Higher Administrative Court of Rhineland-Palatinate on Thursday upheld a “network ban” on Aylo-owned adult sites Pornhub and YouPorn for failing to comply with German age verification regulations.

Alabama Notifying Adult Sites of New Tax Set to Take Effect Sept. 1

The Alabama Department of Revenue has begun sending notices to adult site operators about a new 10% tax on their revenues, set to be enforced starting Sept. 1.

Ondato, CCBill Announce Strategic Partnership for Global High-Risk Market

Age and identity verification firm Ondato and payment processor CCBill have formed a strategic partnership to serve the global high-risk market.

Ofcom Investigates 4 More Adult Companies for OSA Compliance

U.K. media regulator Ofcom has launched investigations into whether four companies operating adult websites have implemented requisite age assurance measures under the Online Safety Act, the agency announced Thursday.

Taylor Nicole Launches New Site Through YourPaysitePartner

Creator Taylor Nicole has launched her new official website through YourPaysitePartner (YPP).

Adult Networking Platform SpicyGigs.com Launches

SpicyGigs, a new adult industry networking platform, has officially launched.

Pineapple Support to Host 'Cream Pie Challenge' Fundraiser

Pineapple Support is hosting its Cream Pie Challenge through August to raise funds for mental health services for industry performers.

Kyrgyzstan President Signs Measure Outlawing Internet Porn

President Sadyr Japarov of Kyrgyzstan on Tuesday signed into law legislation outlawing online adult content in the country.

NC Legislature Overrides Veto of Extreme Anti-Adult Industry Bill

The North Carolina state legislature on Tuesday voted to override Gov. Josh Stein’s veto of a bill imposing regulations that industry observers have warned could push adult websites and platforms to ban most creators and content.

Show More