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

2027 XMA 'Fan Favorite' Pre-Nominations Period Now Open

XMA event organizers have announced that the pre-nomination period for Fan Favorite categories for the January 2027 ceremony is now open.

California Legislature Passes Stricter UGC Rules for Adult Sites

A bill to impose tighter compliance standards for user-generated content (UGC) on adult websites has been approved by the California state legislature and now awaits the governor’s signature.

CollabGPS Rolls Out 'Verification Badge' Update

CollabGPS has launched a badge system for user verification.

X3 Amsterdam Imports Hollywood Glitz With Continental Style

A throng of fans from across Europe and around the globe descended on the Passenger Terminal building on Friday, eager to meet their favorite adult stars at the inaugural X3 Amsterdam fan expo.

California, Florida Reps File Latest Bill to Repeal Section 230

Two members of Congress on Thursday introduced new legislation to repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Admaze Introduces Flat-Rate Media Buying for Publishers, Advertisers

Adult ad network and agency Admaze has introduced a flat-rate media buying model for publishers and advertisers.

Centro Launches Lifetime Revenue Share Affiliate Program 'CentroPulse'

Centro has launched CentroPulse, its new lifetime revenue share affiliate program for performance marketers, adult traffic affiliates, established webmasters, and sub-affiliate network operators.

Fanstage Launches Telegram Sales Solution

Fanstage has launched its new platform, allowing creators to sell PPV content directly from their Telegram DMs.

Second Bill Proposed to Shield US Sites From 'Foreign Censorship'

For the second time in recent weeks, a Republican congressman has introduced legislation to bar U.S. courts from helping to enforce foreign laws restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

SextPanther Launches in EU, UK

SextPanther has expanded its territory to include the U.K. and E.U.

Show More