The Switzerland-based Internet Computer blockchain developer Dfinity Foundation has filed a lawsuit against Facebook’s parent company Meta over its ‘infinity logo’.
As per reports, on Friday, Dfinity’s lawyers accused Meta Platforms of trademark infringement in a filing with the United States District Court for the Northern District of California.
The lawsuit stated, “Dfinity has suffered, and will continue to suffer, irreparable injury as a result of Meta’s unlawful action and has no adequate remedy at law.”
Dfinity claimed that Meta Platforms was registering the use of its infinity logo, in some of the similar areas in which “Dfinity has already obtained registration for its mark”.
As per Dfinity, Meta filed an application with the U.S. Patent and Trademark Office(USPTO), this year in March. Meanwhile USPTO granted Dfinity registration in October 2018. Dfinity further added that they had been using the infinity symbol on the website since March 2017.
Seemingly, Dfinity’s lawsuit was not due to Meta using the infinity symbol itself. On the contrary, it was registered on a trademark for offering similar goods and services, including computer software using blockchain technology.
“Meta and Dfinity seek to attract the same users, namely those who are looking for an innovative and different internet experience, created by users, for users” said the lawsuit.
It read that both Meta and Dfinity use the same marketing channels such that consumers will likely experience the marks through those same channels.
The lawsuit further added that despite knowledge of Dfinity’s mark, Meta chose to go on with its application in some of the same or similar areas in which Dfinity has already obtained registration for its mark.
Dfinity’s legal team claimed that the use of the same mark will cause confusion because consumers will mistakenly believe that Meta and its services are connected with, sponsored by, or related to Dfinity, or vice versa.
The lawyers further claimed that confusion around similar logos had already caused Dfinity to lose revenue. They said that the company will continue to do so and potentially suffer “reputational harm” while the alleged differences remain.
Dfinity argued that Meta “knowingly infringed” upon the company’s trademark based on its registration with the USPTO and showed “willful and wanton disregard of Dfinity’s established and superior rights”.
As Dfinity’s focus is on decentralization and interoperability, any association between Dfinity and Meta would lead to consumers questioning Dfinity’s core mission.
Dfinity has appealed relief in the form of attorneys’ fees based on Meta’s stated trademark infringement and “false designation of origin”.
Moreover, the firm asked for correctional damages due to the possible confusion “as to the source, origin, sponsorship, and association” of Meta’s products and services.
Speaking for Meta’s products and services, it had recently filed eight trademark applications related to its Logo hinting plans for crypto and blockchain applications.
