Ladies and gentlemen, 6figstocktrader is here with a brief personal opinion of Dfinity’s trademark lawsuit against Meta (Facebook).
On October 28th, 2021, Facebook rebranded to Meta in a bid to restructure its fading social media platform. I suspect the announcement came as a surprise to most, including The DFINITY Foundation.
Overview - Dfinity
DFINITY is a nonprofit organization developing the Internet Computer. Furthermore, the Internet Computer is a decentralized blockchain home to various types of applications such as:
· Data Storage
· NFT Marketplace’s
· Decentralized Exchanges (DEX)
· Metaverse experiences
· Cryptocurrency wallets
· And so much more
Before we look into the trademark lawsuit, it’s essential to understand the difference between copyright & trademark infringement. According to nerdwallet.com, “Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.”
DFINITY has been using an “infinity mark” in the course of business since 2017. The Internet Computer is unique in the crypto space because it can infinitely scale and operate at internet speeds.
In 2017, Dfinity secured international trademark registration from The World Intellectual Property Organization to register the “infinity mark.” The following year, the United States Patent and Trademark Office granted Dfinity registration to the “infinity mark.”
The “Infinity Mark” - Bullet point 9 of the NDCA-3-22-cv-02632-1 complaint
When Dfinity registered the “infinite mark,” they reserved the right to use the Infinity Mark in the following trademark classifications:
· Electrical & Scientific Apparatus
· Advertising & Business
· Computer and Scientific
Within these trademark classifications are industries, and Dfinity has reserved rights to use the Infinity Mark in the following industries:
· Computer software for decentralized platforms, namely, software for using a consensus engine incorporating blockchain technology for securing data with cryptographic information.
· Design and development of computers and software.
· Hosting of digital content on the internet, namely computerized data, files, applications, and information.
When trademarks are registered to specific classifications and or industries, no one else can use the same or similar trademarks within the same classifications and or industries.
When we look at the current business model of Meta, it would be reasonable to say that Meta conducts business in the following classifications:
· Advertising & Business
· Computer and Scientific classifications
In addition, it would be reasonable to say that Meta conducts business in the following industries:
· ”Hosting of digital content on the internet, namely computerized data, files, applications, and information.”
· “Design and development of computers and software.”
In the end, it would be fair to say that Meta and DFINITY operate major parts of their businesses in the same spaces.
According to upcounsel.com, “Trademarks can be similar in a number of ways. When comparing trademarks, their appearance, sounds, connotations, and commercial impressions must be evaluated”.
When DFINITY registered its trademark in 2017 & 2018, Dfinity described the “infinity mark” as “an infinity symbol with the word ‘DFINITY’ under the symbol.”
The October 28th, 2021, Meta's rebranding press release states their new logo:
· “is drawn with a single line.”
· “the Meta symbol forms a continuous loop.”
· “can resemble an M for “Meta,” and also at times an infinity sign, symbolizing infinite horizons in the Metaverse.”
Bullet point 18 of the NDCA-3-22-cv-02632-1 complaint
In conclusion, Meta admits to using an “infinity sign” in its logo. I am not an attorney; however, I feel that reasonable arguments could be made supporting DFINITY’s claim. Meta’s logo infringes Dfinity’s trademark; these all look like infinity symbols to me.
Disclaimer:6figstocktrader is not a legal expert or financial advisor. This should not be taken as legal or financial advice.
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