Judge Won't Allow Expedited Discovery in FacebookOfSex Suit

SAN FRANCISCO — A federal judge has denied Facebook's request to expedite discovery requests in learning the identities of about 100 affiliates of FriendFinder-owned FacebookOfSex.com.

U.S. District Judge Donny Ryu on Friday ruled that Facebook hadn't demonstrated good cause for expedited discovery and that "its discovery requests are so broad as to be implausibly tailored for the sole purposes of discerning unnamed defendants’ identities and crafting a motion for preliminary injunction."

"[Facebook] may obtain discovery to identify unnamed defendants during the normal course of discovery," Ryu wrote.

FriendFinder and its affiliates have been the focus of an infringement claim by the mainstream social network giant since Facebook filed suit in April.

In the suit, Facebook says the name of FriendFinder's Traffic Cat site, FacebookOfSex.com, is too similar to its own trademarked name and it seeked expedited discovery to accelerate a more complete evidentiary record relative to alleged infringing uses of its trademark.

In a motion to nix Facebook's request, FriendFinder counsel Floyd Mandell of Katten Muchin Rosenman earlier said "no good cause exists for [Facebook's] proposed expedited fishing expedition to search for other entities to sue and to interfere with defendants’ business references."

Facebook's counsel, Michael Rhodes of the Cooley law firm, said that FriendFinder simply hadn't complied with its requests over information relative to names and addresses associated with its affiliate program and that talks have broken down.

Facebook counsel further said that FriendFinder continues to use the "Facebook" trademark in the FacebookOfSex.com domain, which directs users to another FriendFinder site, XMatch.com, and that the company continues to benefit from accepting traffic from the John Doe defendants’ infringing sites.

After the suit's filing FriendFinder removed most of the  content, leaving a login screen for existing members to log in to their accounts.

Facebook asked the court for expedited relief because it said it intends to  pursue a motion for a preliminary injunction against all defendants, which have been difficult to identify because many use a  proxy service domain registration that masks their identities.   

In its original suit filed in April 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."

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

Blush Erotica Launches VR Channel 'BlushTV'

Blush Erotica has launched the new BlushTV VR channel on its flagship site.

Signature Partners With BunnyCMS for Secure Payment Processing

Signature Payments has partnered with adult content management platform BunnyCMS to offer creators secure payment processing.

Sexologist Dr. Susan Block Files Motion in Meta Lawsuit

Sexologist Dr. Susan Block has reported she has filed a Motion to Vacate with a California court after an arbitrator threw out her case against Meta in June.

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.

FSC: Kansas Attorneys Seeking Plaintiffs to Sue Adult Companies Over Age Verification

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

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.

Show More