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

JustFor.fans Launches Curated 'Tom of Finland' Section

JustFor.fans (JFF) has launched a curated section based on artist Tom of Finland's work, featuring creators inspired by it.

Dutch Police Raid Servers Hosting 'Motherless' Website

A Dutch National Police Corps cybercrime team on Tuesday conducted raids on hosting companies in three cities, seizing servers owned or used by controversial adult website Motherless, as part of an investigation into possible illegal content.

MyMember.site Rolls Out 'TantumPay' Solution

MyMember.site has debuted its TantumPay payment processing solution.

StreamPayments Joins ASACP as Corporate Sponsor

Payment service provider and consultancy firm StreamPayments has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

AdultHTML Introduces Custom AI Projects Development Service

AdultHTML has introduced its customizable AI projects development service.

Eporner Must Face Copyright Suit After Judge Affirms Jurisdiction

A U.S. district court has ruled that it has jurisdiction to hear a copyright infringement lawsuit brought by adult website operators against tube site Eporner, even though Eporner is based outside the United States.

BranditScan Launches Public API, Affiliate Program

BranditScan has launched a public API and a new affiliate program enabling creator platforms to integrate the company’s anti-piracy services and earn recurring commissions.

Kenna James, Derek Kage Cap AEBN's Top Stars for 2nd Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the second quarter of 2026.

Segpay Partners With Corey Silverstein for Legal Services

Segpay has partnered with adult industry attorney Corey D. Silverstein for specialized legal compliance and policy support for its merchant network.

AEBN Reveals Kasey Kei as Top Trans Star for Q2 of 2026

AEBN has named its top trans stars for the second quarter of 2026, with Kasey Kei landing atop the leaderboard.

Show More