Dfinity Foundation slaps Meta with a lawsuit over infinity logo. The Switzerland-based nonprofit behind the Internet Computer blockchain is claiming trademark infringement.
Ladies and gentleman, 6figstocktrader here with a brief personal opinion of Dfinity’s trademark lawsuit against Meta (Facebook).
October 28th, 2021, Facebook rebranded to Meta in a bid to restructure their fading social media platform. I suspect the announcement came as a surprise to most, including The Dfinity Foundation.
Dfinity is a nonprofit organization developing the Internet Computer. Furthermore, 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 important to first 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. Internet Computer is unique 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 also 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 of 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, there is no question that Meta and Dfinity operate major parts of their platforms 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 their 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 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 their 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 continuous loops and infinity symbols to me.
*6figstocktrader is not a legal expert or financial advisor, this should not be taken as legal or financial advice.