FriendFinder, Facebook in Legal Tussle Over FacebookOfSex

SAN FRANCISCO — FriendFinder and its subsidiaries have been hit with an infringement claim by social network giant Facebook, which says the name of its Traffic Cat site, FacebookOfSex.com, is too similar to its own trademarked name.

In the suit filed Wednesday at U.S. District Court in San Francisco, Facebook says FacebookOfSex.com " is a blatant attempt ... to hijack Facebook's fame for illicit financial gain."

But FriendFinder, according to the suit, claims that it has problems with Facebook's use of the term "friend finder," which it also has trademarks for.

"[FriendFinder and its subsidiaries, including Traffic Cat and Various Inc.] have tried to use the purported 'FriendFinder' mark as leverage in negotiations, asserting that Facebook must address [FriendFinder's] concerns before they will address Facebook's trademark claims," Facebook attorneys say.

"Facebook's use of 'friend finder; amounts to descriptive fair use and does not infringe Various' purported trademark rights in the 'FriendFinder' term."

Facebook in the suit claims that FacebookOfSex.com provides nearly identical user services as its social network.

"But unlike Facebook, defendants permit and indeed encourage the display and posting of pornographic content," Facebook attorneys say. "Upon accessing the FacebookOfSex.com site, a visitor immediately encounters highly graphic and sexually explicit images and videos."

Facebook also complains in the suit that the launch of FacebookOfSex was a "calculated scheme to capitalize on the fame of Facebook's marks," particularly because they spread affiliate advertising material, including banner ads that drive traffic to FriendFinder sites.

"In their marketing material, defendants solicit affiliates to promote the FaceBookOfSex site by encouraging affiliates to 'be part of the crowd cashing in on the new and exciting cobrand," Facebook attorneys say.

The suit, which includes trademark dilution and cybersquatting claims among 11 claims,  seeks injunctive relief, revenue from the site and actual and punitive damages.

Facebook also wants the court to declare its rights in connection with its use of the words "friend finder," or deem those words have not  "acquired secondary meaning in the marketplace."

Marc Bell, FriendFinder's CEO, did not immediately respond to XBIZ for comment.

Related:  

Copyright © 2024 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

Niki Media Acquires BritSexCash

Production studio Niki Media BV has acquired affiliate program BritSexCash.

FSC Warns of Nude Photography Site Falsely Claiming Affiliation With Organization

Free Speech Coalition (FSC) published a statement Friday warning of a nude art photography website fraudulently claiming to be associated with the industry trade organization.

MojoHost Reaffirms Commitment to Adult Industry Amid Project 2025 Implications

In the wake of Tuesday's election and amid concerns about the possible ramifications for the adult industry, MojoHost President Brad Mitchell has releases a statement addressing Project 2025 and the future of the industy.

Adult Web Hosting Service 'Midnight-Host' Launches

Midnight-Host, a new web hosting service designed specifically for adult websites, has launched.

ASN Lifestyle Magazine Joins Pineapple Support as Media Sponsor

ASN Lifestyle Magazine has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support, partnering with the organization as a media sponsor.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Fetisfy Online Fetish Marketplace Launches

Fetisfy.com, an online marketplace for users to sell fetish items, has launched.

Pineapple Support Launches 'Spill the Tea, Colombia' Community Support Event Series

Pineapple Support has launched "Spill the Tea, Colombia," a monthly, in-person community support event for adult industry professionals.

Streamster Launches 'Tip2Peep' Camera-Switching Feature

Live-streaming software provider Streamster has launched Tip2Peep, a new feature that allows viewers to switch between multiple webcam viewing angles by tipping the creator.

Tyler Wu Guests on Chaturbate's 'Sex Tales' Podcast

Tyler Wu is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall on the company’s “Camming Life” YouTube channel.

Show More