U.S. News | Facebook, Instagram, and WhatsApp Sues Namecheap and Whoisguard for Trademark Infringement

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Facebook, Instagram, and WhatsApp have filed a lawsuit in the Arizona District Court against domain registrars, Namecheap and Whoisguard for cybersquatting, trademark infringement, false designation of origin and trademark dilution.

The plaintiffs allege that the defendants provide a proxy service to cybercriminals by hiding malicious domain names from the public.

The plaintiffs reportedly said that the licensees of these domain names often use the service for online abuse, including phishing, malware, spam and trademark infringement.

The plaintiffs allege that this act has infringed on Facebook and its subsidiaries’ trademarks and has violated the Lanham Act and the Anti-Cybersquatting Consumer Protection Act.

According to the plaintiffs, Whoisguard registered, trafficked in, or used at least forty-five domain names that are identical or confusingly similar to the Facebook Trademarks, FB Trademarks, Instagram Trademarks, and WhatsApp Trademarks.

The plaintiffs reportedly said that the infringement has caused lots of damages, confusion, and unfair competition.

The plaintiffs seek a permanent injunction, divestment of funds earned through unjust enrichment, an award of $100,000 per infringing domain name, attorney’s fees, and other relief as deemed by the court.

The case is pending.

Facebook Incorporated et al v. Namecheap Incorporated et al

Judge:G Murray Snow
Court:Arizona District Court
Case #:2:20-cv-00470
Nature of Suit:Trademark
Cause:Trademark Infringement
Case Filed:March 04, 2020

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About Nathaniel Adebayo 656 Articles
Nathaniel is a News Reporting Intern at Nigerian Law Intellectual Property Watch (NLIPW). He has a passion for writing, capacity building and social media marketing. He is a graduate of Federal University of Technology, Minna, where he graduated with BTECHAGRIC. He is a member of Soil Science Society of Nigeria (SSSN) and the National Union of Campus Journalist (NUCJ). Nathaniel has served as Editor-in-Chief for a number of magazines and as a contributor to various online repositories. Email: anathaniel@nlipw.com