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Facebook, Inc. v. Radoslav

National Arbitration Forum

Claim No. FA1308001515825 (2013)

Facts

Social-networking company Facebook, Inc. (Facebook) (plaintiff) owned several domestic and international registrations for the mark FACEBOOK. Facebook began doing business in 2004, and by 2013, Facebook had the most-visited website in the world and the second-most-visited website in Slovakia. In August of 2013, Facebook filed an arbitration complaint against Slovakian resident Radoslav Stach (Radoslav) (defendant), alleging that Radoslav had registered the domain name facebok.pw in March of 2013 and was using the domain name in bad faith as the address of a website with popular search topics that generated click-through fees for Radoslav. Facebook asserted that it was not affiliated with Radoslav and had not authorized Radoslav to use the mark. Facebook presented evidence that Radoslav had engaged in a pattern of registering domain names that were similar to well-known marks but contained either altered or additional letters. Facebook sought the suspension of Radoslav’s domain name under the Uniform Rapid Suspension System (URS). An examiner with the National Arbitration Forum reviewed Facebook’s complaint to determine whether the domain name should be suspended.

Rule of Law

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Issue

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Holding and Reasoning (Wilson, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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