Last week, Facebook posted a post on its official website about Facebook suing Namecheap and WhoisGuard.
Specifically, Facebook is suing Namecheap and information hiding service provider – WhoisGuard for allowing the registration of domain names with fraudulent content and impersonating Facebook. After regular domain scans, Facebook has discovered up to 45 domain names impersonating Facebook and its other services. The prominent names are mentioned as:
From October 2018 until February 2020, Facebook sent a notice to WhoisGuard, asking for information about the domain that violated the trademark but received a refusal to cooperate.
On Facebook’s side, the company is abusing big brands and their users (customers) are likely to be very expensive for fraudulent practices with unofficial content on those websites.
However, Namecheap and WhoisGuard also have their own points.
Namecheap said it has the duty to protect customers’ privacy and will not voluntarily disclose customer information being protected by WhoisGuard. Facebook is trying to overcome legal protections in the domain name market. Only when necessary, and if there is a request from the court, Namecheap will reconsider.
Namecheap CEO stated that:
“Where there is no clear evidence of abuse, or when it is purely a trademark claim, Namecheap will direct complainants, such as Facebook, to follow industry-standard protocol. Outside of said protocol, a legal court order is always required to provide private user information.
Facebook may be willing to tread all over their customers’ privacy on their own platform, and in this case, it appears they want other companies to do it for them, with their own customers.
This is just another attack on privacy and due process in order to strong-arm companies that have services like WhoisGuard, intended to protect millions of Internet users’ personal private data.”
Namecheap’s representative also said that the company only acts as a domain name registrar; it does not provide hosting services (Hosting, VPS/Server), does not have the technical ability to take action against the DCMA digital copyright law (Digital Millennium Copyright Act).
Usually, in such trademark and content lawsuits, the trademark owner will contact the domain owner directly to appeal. But, under the protection of Namecheap and the WhoisGuard service, domain name owner information is being hidden and Facebook is forced to ask the court to be able to reclaim its fairness.
It is not clear how the lawsuit will take place, CouponTree will update the latest information as soon as available. And you, what do you think about this issue?