Meta sees another logo complaint from blockchain player Dfinity • The Register
The Dfinity Foundation’s lawsuit against Meta over its logos is probably the most publicized the “infinite blockchain” outfit has received, but the extra attention is over for now after a judge dismissed the complaint with prejudice.
In case you were probably wondering who Dfinity is, the non-profit organization says: “We aim to create a ‘blockchain singularity’ where every system and service is rebuilt and reshaped using smart contracts and runs entirely from the infinite public blockchain without need for traditional IT.”
It is also the largest contributor to the Internet computer, home to what some vultures have admitted are exciting projects, despite the presence of many blockchain buzzwords.
Now you might be wondering why a nonprofit R&D team would pit their lawyers against the might of Mark Zuckerberg’s Meta. That’s a good question, but if you clicked on one of those links, you may have noticed the logo – a multicolored infinity symbol. Uh oh
The complaint dates back to April last year, when Dfinity alleged trademark infringement [PDF] in the Northern District of California, claiming that its trademark registration was accepted in 2018 “as an infinity symbol with the word ‘DFINITY’ below the symbol.” It also said that “color is not claimed as an attribute of the mark, and thus Dfinity’s ownership extends to color variations.” Facebook changed to Meta in October 2021.
“Therefore, we’re coming for you, Zuck”, was the result based on the fact that “Meta and Dfinity seek to attract the same users, namely those looking for an innovative and different internet experience”, and “the similarities between Meta’s brand and Dfinity’s brand , and Meta’s intended use of the mark in the same space and through the same customer base as Dfinity, will cause confusion.”
So on, so on. Meta says its logo “may resemble an M for ‘Meta,’ and also at times an infinity sign, symbolizing infinite horizons in the metaverse” and filed a motion to dismiss the lawsuit, which Judge Charles R Breyer committed in November, ruling [PDF] that it was “unlikely” that a customer “would look at these different brands and actually get confused between Dfinity’s and Meta’s products.” He also added that Dfinity’s customers are “tech-savvy developers” who are unlikely to confuse services from the artist formerly known as Facebook with those offered by the platform.
He did, however, give Dfinity leave to amend the complaint, which the company did the following month. Both parties now agree that the case should be dismissed, which it was [PDF] this week, with prejudice, meaning the claim cannot be brought to court again. Both must pay their own attorneys’ fees, expenses and costs associated with the action, which is not a great use of time or money for a non-profit organization.
The register has asked Meta and Dfinity to comment.
It’s not just the logo either. Meta is still facing trademark cases from VR company MetaX and investment company Metacapital after the name change.
Trademark lawsuits can be very stupid. We’re reminded of Apple’s famously zealous pursuit of any company that deserved to use a fruit as its logo, like the Prepear meal planner and shopping list app, which, we note, still uses its decidedly non-Apple logo.
We dare say that there might not be much wisdom in trying to trademark a symbol that has been used by people for hundreds of years. ®
