“Here, service by email is reasonably calculated to provide actual notice.” —Rogers, District Judge 

Facts: Facebook, Inc. filed a complaint in the U.S. district court against numerous defendants alleging that the named defendants engaged in trademark infringement, cybersquatting, and false designation of origin. Facebook seeks to enjoin the defendants from engaging in typosquatting schemes whereby the defendants register Internet domain names that are confusingly similar to facebook.com (e.g., facebock.com) so that potential users of Facebook’s website who enter a typo are diverted to the typesquatter’s website, which is designed to look strikingly similar in appearance to Facebook’s website, to trick users into thinking that they are using Facebook’s website. Facebook served all of the defendants except fourteen, whom Facebook has not been able to serve personally, by mail, or by telephone. Facebook made a motion to the U.S. district court to be permitted to serve these defendants by sending an email notice to the defendants’ websites. 

Issue: May Facebook use email notices to serve the defendants? 

Language of the Court: Here, service by email is reasonably calculated to provide actual notice. The defendants are involved in commercial internet activities. They registered internet domain names, which Facebook alleges the defendants have used for commercial purposes. Indeed, the alleged typosquatting schemes depend on these commercial Internet activities.

Decision: The U.S. district court issued an order permitting Facebook to serve the defendants by email. 

Ethics Questions: Is engaging in typosquatting ethical? Do you think that the defendants will appear at trial? Why or why not?