This case was last updated from U.S. District Courts on 03/24/2023 at 06:15:45 (UTC).

Dfinity Foundation v. Meta Platforms, Inc.

Case Summary

On April 29, 2022, DFINITY Foundation (“Plaintiff” or “Dfinity”), represented by Dennis S. Ellis of Ellis George Cipollone O’Brien Annaguey LLP, filed an intellectual property lawsuit against Meta Platforms, Inc., f/k/a/ Facebook, Inc. (“Defendant” or “Meta”), seeking injunctive reliefs and damages, along with pre-judgment interest and other reliefs for the Defendant’s alleged trademark infringement. This case was filed in U.S. District Court in the Northern District of California with Judge Alex G. Tse presiding.

In the complaint, the Plaintiff alleged that, “Dfinity develops the Internet Computer, a public infinite blockchain network designed to host smart contracts using subnets. Each subnet is a blockchain that consists of some number of decentralized, independently owned and controlled machines around the world that run the software components of the Internet Computer protocol.”

The Plaintiff further alleged that, “On October 9, 2018, the United States Patent and Trademark Office (“USPTO”) granted Dfinity registration of the following trademark on the Principal Register, Registration No. 5577734, pursuant to filing basis 66A. On March 30, 2017, the World Intellectual Property Organization issued International Registration No. 1350127.”

The Plaintiff thereon alleged that, “The mark is described as ‘an infinity symbol with the word ‘DFINITY’ under the symbol,’ and applies to four International Classifications: 009 (Electrical and scientific apparatus), 035 (Advertising and business), 038 (Telecommunications) and 042 (Computer and scientific)”

The Plaintiff also alleged that, “When introducing Meta, CEO Mark Zuckerberg stated that ‘Meta’s focus will be to bring the metaverse to life and help people connect, find communities and grow businesses’ and that “The Meta name came with a new logo.”

The Plaintiff then alleged that, “Despite knowledge of Dfinity’s mark, Meta chose to proceed with its application to obtain registration in some of the same or similar areas in which Dfinity has already obtained registration for its mark.”

The Plaintiff further alleged that, “The similarities between Meta’s mark and Dfinity’s mark, and Meta’s intended use of its mark in the same space and through the same customer base as Dfinity, will cause confusion because consumers will mistakenly believe that Meta and its services are connected with, sponsored by, affiliated with, or related to Dfinity, or that Dfinity and its services are connected with, sponsored by, affiliated with or related to Meta.”

The Plaintiff then alleged that, “Meta’s conduct is the result of willful and wanton disregard of Dfinity’s established and superior rights. Meta adopted and used, and continues to use, the DFINITY MARK without authorization and with knowledge of Dfinity’s superior rights. 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.”

There are four claims for relief laid down by the Plaintiff. The first claim alleged is for trademark infringement pursuant to 15 U.S.C. § 1114. The second claim alleged is for false designation of origin. The third claim alleged is for common law unfair competition. The fourth claim alleged is for the violation of California’s Unfair Competition Law.

In their prayer for relief, the Plaintiff has requested the Court for preliminary and permanent injunctive and declaratory reliefs along with damages, including compensatory, exemplary, and/or punitive damages; an accounting of all profits obtained by Meta as a result of its infringing acts; reasonable attorney’s fees and costs of suit; prejudgment interest; and any other relief the Court deems just and proper.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:22-CV-02632

  • Filing Date:

    04/29/2022

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Intellectual Property - Trademark

Judge Details

Presiding Judge

Charles R. Breyer

 

Party Details

Plaintiff

Dfinity Foundation

Defendant

Meta Platforms, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Armine Alajajian

Dennis S. Ellis

Keith Joseph Wesley

Katherine Frenck Murray

Defendant Attorneys

Bobby A. Ghajar

Angela Lucille Dunning

Colette Ani Ghazarian

 

Court Documents

51 #1

Dismissal Order

#51

(#51) REPORT on the filing or determination of an action regarding (cc: form mailed to register). (Attachments: #1 Dismissal Order)(anj, COURT STAFF) (Filed on 2/7/2023) (Entered: 02/07/2023)

#50

(#50) STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Charles R. Breyer on 2/6/2023. (ls, COURT STAFF) (Filed on 2/6/2023) (Entered: 02/06/2023)

#49

(#49) Joint Stipulation of Dismissal With Prejudice and Proposed Order filed by Dfinity Foundation and Meta Platforms, Inc.. (Ellis, Dennis) (Filed on 2/6/2023) Modified on 2/6/2023 (anj, COURT STAFF). (Entered: 02/06/2023)

46 #3

Proposed Order

46 #2

Exhibit 1-33 to A. Dunning Declaration

46 #1

Declaration of A. Dunning in Support of Motion to Dismiss SAC

46 #46

Main Document

43 #1

Redlined Version of FAC v. SAC

10 #1

Notice of Eligibility for Video Recording

#8

(#8) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Dfinity Foundation.. (Ellis, Dennis) (Filed on 5/16/2022) (Entered: 05/16/2022)

#7

(#7) Refund Status re #6 Application for Refund Approved. (rgh, COURT STAFF) (Filed on 5/9/2022) (Entered: 05/09/2022)

#6

(#7) Refund Status re #6 Application for Refund Approved. (rgh, COURT STAFF) (Filed on 5/9/2022) (Entered: 05/09/2022)

#5

(#6) Application for Refund re #5 Refund Status, Receipt Number ACANDC-17133244 (Amended) by Dfinity Foundation. (Ellis, Dennis) (Filed on 5/3/2022) (Entered: 05/03/2022)

#4

(#4) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/22/2022. Initial Case Management Conference set for 7/29/2022 02:00 PM in San Francisco, Courtroom A, 15th Floor. (anj, COURT STAFF) (Filed on 5/2/2022) (Entered: 05/02/2022)

#2

(#5) Refund Status re #2 Application for Refund Declined. (rgh, COURT STAFF) (Filed on 5/2/2022) (Entered: 05/02/2022)

1 #1

Civil Cover Sheet

1 #1

Main Document

52 More Documents Available
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Docket Entries

  • 02/07/2023
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  • Docket(#51) REPORT on the filing or determination of an action regarding (cc: form mailed to register). (Attachments: #1 Dismissal Order)(anj, COURT STAFF) (Filed on 2/7/2023) (Entered: 02/07/2023)

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  • 02/06/2023
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  • Docket(#50) STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Charles R. Breyer on 2/6/2023. (ls, COURT STAFF) (Filed on 2/6/2023) (Entered: 02/06/2023)

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  • 02/06/2023
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  • Docket(#49) Joint Stipulation of Dismissal With Prejudice and Proposed Order filed by Dfinity Foundation and Meta Platforms, Inc.. (Ellis, Dennis) (Filed on 2/6/2023) Modified on 2/6/2023 (anj, COURT STAFF). (Entered: 02/06/2023)

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  • 01/12/2023
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  • Docket(#48) Correction of Opposition/Response or Reply Deadlines pertaining to #46 MOTION to Dismiss #43 Second Amended Complaint (Reason: Correcting an error) filed by Meta Platforms, Inc.. Responses due by 2/23/2023. Replies due by 3/9/2023. (Dunning, Angela) (Filed on 1/12/2023) Modified on 1/13/2023 (anj, COURT STAFF). (Entered: 01/12/2023)

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  • 01/12/2023
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  • Docket(#47) Defendant Meta Platforms, Inc's Request for consideration of document incorporated by reference into the Second Amended complaint and for Judicial Notice re #46 MOTION to Dismiss #43 Second Amended Complaint filed by Meta Platforms, Inc.. (Attachments: #1 Proposed Order)(Related document(s) #46 ) (Dunning, Angela) (Filed on 1/12/2023) Modified on 1/13/2023 (anj, COURT STAFF). (Entered: 01/12/2023)

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  • 01/12/2023
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  • Docket(#46) Defendant Meta Platforms, Inc's Notice of Motion and Motion to Dismiss #43 Second Amended Complaint filed by Meta Platforms, Inc.. Motion Hearing set for 3/24/2023 10:00 AM in San Francisco, - To be determined before Judge Charles R. Breyer. Responses due by 1/26/2023. Replies due by 2/2/2023. (Attachments: #1 Declaration of A. Dunning in Support of Motion to Dismiss SAC, #2 Exhibit 1-33 to A. Dunning Declaration, #3 Proposed Order)(Dunning, Angela) (Filed on 1/12/2023) Modified on 1/13/2023 (anj, COURT STAFF). (Entered: 01/12/2023)

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  • 12/07/2022
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  • Docket(#45) STIPULATION AND ORDER by Judge Charles R. Breyer: Granting #44 Stipulation. Defendant will file any motion to dismiss the SAC (Motion) by January 12, 2023; Plaintiff will file any opposition to the Motion by February 23, 2023;Defendant will file its reply in support of the Motion by March 9, 2023;The hearing on the Motion will be held on Friday, March 24, 2023 at 10:00 a.m. (ls, COURT STAFF) (Filed on 12/7/2022) (Entered: 12/07/2022)

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  • 12/06/2022
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  • Docket(#44) Stipulation to Extend briefing schedule and enlarge briefing on Defendant Meta Platforms, Inc.'s Motion to Dismiss Second Amended Complaint; Proposed Order re #43 Amended Complaint Extend Briefing Schedule and Enlarge Briefing filed by Meta Platforms, Inc. Dfinity Foundation. (Dunning, Angela) (Filed on 12/6/2022) Modified on 12/7/2022 (anj, COURT STAFF). (Entered: 12/06/2022)

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  • 12/02/2022
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  • Docket(#43) AMENDED COMPLAINT with Jury Demand (Second) against Meta Platforms, Inc.. Filed by Dfinity Foundation. (Attachments: #1 Redlined Version of FAC v. SAC)(Ellis, Dennis) (Filed on 12/2/2022) Modified on 12/2/2022 (anj, COURT STAFF). (Entered: 12/02/2022)

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  • 12/01/2022
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  • Docket(#42) ***DISREGARD**REFER TO ECF No. 43 for ENTIRE BRIEF***AMENDED COMPLAINT Second against Meta Platforms, Inc.. Filed byDfinity Foundation. (Ellis, Dennis) (Filed on 12/1/2022) Modified on 12/2/2022 (ls, COURT STAFF). (Entered: 12/02/2022)

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36 More Docket Entries
  • 05/17/2022
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  • Docket(#10) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Alex G. Tse no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 05/17/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(jlg, COURT STAFF) (Filed on 5/17/2022) (Entered: 05/17/2022)

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  • 05/16/2022

  • Docket(#9) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (shy, COURT STAFF) (Filed on 5/16/2022) (Entered: 05/16/2022)

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  • 05/16/2022
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  • Docket(#8) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Dfinity Foundation.. (Ellis, Dennis) (Filed on 5/16/2022) (Entered: 05/16/2022)

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  • 05/09/2022
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  • Docket(#7) Refund Status re #6 Application for Refund Approved. (rgh, COURT STAFF) (Filed on 5/9/2022) (Entered: 05/09/2022)

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  • 05/03/2022
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  • Docket(#6) Application for Refund re #5 Refund Status, Receipt Number ACANDC-17133244 (Amended) by Dfinity Foundation. (Ellis, Dennis) (Filed on 5/3/2022) (Entered: 05/03/2022)

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  • 05/02/2022
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  • Docket(#5) Refund Status re #2 Application for Refund Declined. (rgh, COURT STAFF) (Filed on 5/2/2022) (Entered: 05/02/2022)

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  • 05/02/2022
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  • Docket(#4) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/22/2022. Initial Case Management Conference set for 7/29/2022 02:00 PM in San Francisco, Courtroom A, 15th Floor. (anj, COURT STAFF) (Filed on 5/2/2022) (Entered: 05/02/2022)

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  • 05/02/2022

  • Docket(#3) Case assigned to Magistrate Judge Alex G. Tse. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/16/2022. (jrs, COURT STAFF) (Filed on 5/2/2022) (Entered: 05/02/2022)

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  • 04/29/2022
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  • Docket(#2) Application for Refund re #1 Complaint, Receipt Number ACANDC-17133244 by Dfinity Foundation. (Ellis, Dennis) (Filed on 4/29/2022) (Entered: 04/29/2022)

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  • 04/29/2022
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  • Docket(#1) NO PROCESS- COMPLAINT with Jury Demand for Trademark Infringement against Meta Platforms, Inc. ( Filing fee $ 402, receipt number ACANDC-17133318.). Filed by Dfinity Foundation. (Attachments: #1 Civil Cover Sheet)(Ellis, Dennis) (Filed on 4/29/2022) Modified on 5/2/2022 (anj, COURT STAFF). (Entered: 04/29/2022)

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