Faceporn Trademark Suit Could Be Dismissed

SAN FRANCISCO — A federal court, on its own motion, has raised the issue of personal jurisdiction in Facebook's suit against Faceporn.com, operated out of Norway.

Facebook has been ordered to show cause why its trademark infringement lawsuit against Faceporn shouldn't be dismissed for lack of personal jurisdiction.

"Facebook alleges that Faceporn is a highly interactive website that has 250 users in California and 1,000 users in the U.S., and that Faceporn targeted 'a U.S. audience' by registering its website with a domain name ending in 'com.,'" the court said in an order.

"These allegations alone, without facts showing that Faceporn’s California viewer base was 'an integral component' of Faceporn’s business model and profitability, falls short of meeting Facebook’s burden to establish that the exercise of personal jurisdiction over defendants is proper."

The court, citing precedent in the 9th U.S. Circuit Court of Appeals case Mavrix Photo vs. Brandtech, said that '[n]ot all material placed on the Internet is, solely by virtue of its universal accessibility, expressly aimed at every state in which it is accessed.'" 

Facebook sued Thomas Pedersen, of Bergen, Norway, and company Retro Invent, which ran the Faceporn site (The site currently redirects to tube site Faceporn.no.). Faceporn offered porn and allowed users to create profiles, join groups, upload photos and video and conduct live chats.

Facebook served Pedersen and Retro Invent using the Hague Convention on service abroad of judicial documents, and later moved for default judgment, which was stymied by the order to show cause by U.S. District Judge Nathanael Cousins.

Cousins gave Facebook until Monday to show cause why the case infringement case shouldn't be dismissed for lack of jurisdiction.

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

JustFor.fans Launches BlueSky Autoposting Feature

JustFor.fans has launched a new BlueSky autoposting feature that shares JFF posts on the social media platform.

Pineapple Support Introduces 'Sacred Rage' Support Group for Performers, Creators

Pineapple Support will host a free online support group for performers and creators, designed for individuals struggling with intense emotions and the pain often hidden behind their anger.

Kansas Attorneys Seek Plaintiffs to Sue Adult Companies Over Age Verification

The Free Speech Coalition (FSC) has released a statement warning that a personal injury law firm in Kansas is soliciting plaintiffs to sue adult companies over the state's age verification

Ukrainian Parliament Registers Bill to Decriminalize Porn

Ukraine's parliament, the Verkhovna Rada, registered a bill today to decriminalize the creation and distribution of pornography.

Cherie DeVille Guests on 'Sex Tales' Podcast

2023 XBIZ Performer of the Year Cherie DeVille is the latest guest on the "Sex Tales" podcast, hosted by Melissa Stratton and Vanniall, streaming on the company’s “Camming Life” YouTube channel.

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 concerns about Project 2025’s potential ramifications, MojoHost President Brad Mitchell has released a statement affirming its commitment to the adult industry.

Adult Web Hosting Service 'Midnight-Host' Launches

Midnight-Host, a new web hosting service 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.

Show More