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

Irish PM Affirms Plan for UK-Style Ban on 'Extreme' Content

Ireland’s prime minister on Wednesday confirmed that his government is moving ahead with plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, which he hopes to see passed by early 2027.

UK Parliamentary Group Calls for Outlawing Cam Platforms

The U.K. Parliament’s All-Party Parliamentary Group (APPG) on Commercial Sexual Exploitation has published a report in which it calls for banning adult livestreaming platforms.

Ofcom Escalates Sun Social, Superb Convert Investigations

U.K. media regulator Ofcom has ramped up its ongoing Online Safety Act (OSA) compliance investigations into PlayVids/PeekVids operator Sun Social Media and PimpBunny operator Superb Convert.

Centrobill Rolls Out Apple Pay, Google Pay Options

Centrobill has added Apple Pay and Google Pay options for merchants.

Judge Preliminarily Approves Pornhub Class Action Settlement

A U.S. District Court judge on Monday granted preliminary approval to a settlement between Aylo and the plaintiffs in two class-action lawsuits over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Roald Riepen Steps Down as CEO of IMC

Roald Riepen, CEO of International Media Company (IMC), is stepping down.

Ofcom Sets Timeline for Enforcing 'Extreme' Content Rules

Before U.K. media regulator Ofcom begins enforcing new laws criminalizing certain “extreme” adult content online, it will first hold a consultation in early 2027, and then provide updated guidance for sites and platforms.

FSC Publishes Guidance on New UK Pornography Laws

The Free Speech Coalition (FSC) has published information for its members on the United Kingdom's recently passed pornography laws, which take effect next week.

Brazil Issues Guide to Digital Safety Compliance

Brazil’s National Data Protection Agency (ANPD) published on Wednesday a new guide outlining online providers’ child-protection responsibilities under the Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

AEBN Publishes Popular Searches by Country for August, September

AEBN has released the list of popular searches from its straight and gay theaters, by country, for August and September.

Show More