Facebook's Jurisdiction Rejected in Suit Against Faceporn

SAN FRANCISCO — A federal court has rejected Facebook's jurisdiction in its case against Faceporn.com, operated out of Norway, in a trademark infringement suit.

Last week, U.S. District Judge Nathaniel Cousins denied Facebook’s motion for a default judgment and recommended the case dismissed for lack of "personal jurisdiction."

Palo Alto, Calif.-based Facebook had moved for entry of a default judgment against defendants, an award of $80,000 in attorneys fees and $13,000 in litigation costs, as well as a permanent injunction barring defendants from using Facebook’s registered “Facebook” and “Wall” marks.

It also asked for a transfer of FacePorn.com, FacePorn.net and FacePorn.org to Facebook.

"[P]ersonal jurisdiction over defendants is unjustified, as Facebook has failed to satisfy the first element of the [9th U.S. Circuit Court of Appeal's] test for specific personal jurisdiction," Cousins said. "That is, Facebook has failed to show that defendants purposefully directed their activities at California."

Specifically, Cousins pointed to the Facebook's "express-aiming" element of the Calder effects test, which is required to establish the first element of the 9th Circuit’s test for the exercise of specific personal jurisdiction.

"To satisfy the purposeful-direction element in cases in which tortious conduct is alleged by the plaintiff, the 9th Circuit requires that the actions of the nonresident defendant be purposefully directed at the forum based on an 'effects test that focuses on the forum in which the defendant’s actions were felt, whether or not the actions occurred within the forum,'" Cousins said.

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, the federal court 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 sued defendant Thomas Pedersen, of Bergen, Norway, and company Retro Invent, which ran the Faceporn.com site (the site currently redirects to tube site Faceporn.no.).

Facebook served Pedersen and Retro Invent using the Hague Convention on service abroad of judicial documents and later moved for default judgment.

Facebook has two weeks to respond to Cousins' ruling.

Related:  

Copyright © 2026 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

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of Mega.nz

Takedown Piracy has reported that it successfully infiltrated Mega.nz folders and identified and removed nearly two million instances of stolen content.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

Minister: UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

Show More