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- Desde
- 19 Nov 2011
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Ayer me he topado con la sorpresa de una supuesta demanda por parte de facebook por uso de su marca en uno de mis sitios.
A continuación les dejo el mensaje original:
Remitente: enforcement@mm-facebook.com
Que opinan, es Facebook realmente el que me demanda?
A continuación les dejo el mensaje original:
Remitente: enforcement@mm-facebook.com
To Whom It May Concern:
We write regarding your registration and use of the domain name juegos-facebook.org, which contains the famous Facebook trademark.
As you know, Facebook is the leading online social network, available at www.facebook.com and on mobile devices. Facebook has used the Facebook trademark in connection with its social networking services since 2004. The Facebook trademark is registered in the United States and internationally, and is one of the most famous trademarks on the Internet. As we hope you can appreciate, protection of its trademarks is very important to Facebook.
We were concerned when we learned of your registration and use of juegos-facebook.org. Specifically, your unauthorized use of the Facebook name is likely to cause confusion as to whether you or your company’s activities are authorized, endorsed, or sponsored by Facebook when, in fact, they are not. While Facebook respects your right of expression and your desire to conduct business on the Internet, Facebook must enforce its own rights in order to protect its valuable and famous trademark.
We recognize that you may not be aware of the laws that apply to trademarks and domain names. Registration and use of domains can violate the Lanham Act (15 U.S.C. 1051 and the following sections) if they infringe or are likely to dilute a trademark. Infringement occurs when a third party’s use of a company’s trademark (or a confusingly similar variation thereof) is likely to confuse consumers as to the affiliation, sponsorship or endorsement of the third party’s services. Trademark dilution occurs when a third party’s use of a variation of a company’s trademark is likely to lessen the distinctiveness of the company’s famous trademark. Registration and use of a domain name containing another’s trademark can also violate the Anticybersquatting Consumer Protection Act, and may be subject to transfer under the Uniform Domain-Name Dispute-Resolution Policy.
As a responsible trademark owner, where necessary we have filed proceedings in the relevant courts and also before the United Nation's World Intellectual Property Organization's arbitration panel to prevent the unauthorized use of our trademarks in domains. In these proceedings, the Facebook trademark has been found to be famous and to be entitled to broad protection.
To avoid consumer confusion and harm to the Facebook brand, we must insist that you stop using the name and domain juegos-facebook.org and disable any site available at that address. You should not sell, offer to sell, or transfer the domain name to a third party and should let the domain registration expire.
You are of course welcome to explain on a replacement website that your product works with the Facebook Platform, or relates to the Facebook service, so long as that statement is fair and accurate, and does not falsely suggest that Facebook endorses you or your product. For more information on how to properly refer to Facebook, please visit our brand resource center at www.facebookbrand.com/brand. For specific guidelines for developers, see https://developers.facebook.com/docs/guides/policy/examples_and_explanations/branding/.
Please confirm in writing that you will agree to resolve this matter as requested. We appreciate your cooperation.
Sincerely,
Ethel
Legal Dept.
Facebook, Inc.
Que opinan, es Facebook realmente el que me demanda?