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

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

AEBN has named its top trans stars for the third quarter of 2026, with Ariel Demure landing atop the leaderboard.

Porn Piracy: How AI Is Transforming Content Theft and Protection

Gone are the days when the word “pirate” primarily conjured images of clever scoundrels like Captain Jack Sparrow, swaggering across the high seas in search of gold and jewels. Today’s most prolific pirates operate in the darkest corners of the internet, armed with bots, scrapers and generative AI.

Playhaus Network Launches Podcast Platform Through PAYSITE

Entertainment website The Playhaus Network is launching its new podcast platform through PAYSITE.

Sportsheets Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of adult brand Sportsheets in a case against a copycat website using an infringing domain.

Kylie Rocket, Derek Kage Cap AEBN's Top Stars for 3rd Quarter of 2026

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

JustFor.fans Launches Android Version of 'JFF Create' Mobile App

JustFor.fans (JFF) has rolled out an Android-compatible version of its creator management mobile app, JFF Create.

Kink.com Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of Kink.com in a case against a copycat website using an infringing domain.

On-Chain JAV Distribution Platform 'HandSome' Goes Live With Open Beta

Fukuoka tech firm Fidem has officially rolled out an open beta version of HandSome, a new Japanese Adult Video (JAV) content distribution platform built on blockchain technology.

Arcom Investigates MYM Over SREN Compliance

French media regulator Arcom is investigating creator platform MYM to determine whether the site may have violated age assurance rules and/or other requirements of France’s Security and Regulation of the Digital Space (SREN) law.

England, Wales to Enforce 'Extreme' Content Laws Starting Nov. 6

England and Wales will begin enforcing new laws criminalizing depictions of “non-fatal strangulation,” as well as sexual content in which adults portray underage characters, starting Nov. 6, the U.K. Ministry of Justice announced Friday.

Show More