Suit Accuses Meta of Contributory Infringement for Not Taking Down Infringer’s Ads

Plaintiff Lesly Chavez, who operates a 24-hour mobile legal servicing company in Greater Los Angeles called Seals on Wheels Notary, alleges that defendant Telli Griffin is infringing her registered trademark by running a business called Seals on Wheels Mobile Notary Services, said Chavez’s complaint Wednesday (docket l:24-cv-01029) in U.S. District Court for Central California in Los Angeles. Chavez also alleges that Meta is guilty of contributory trademark infringement because it has refused Chavez's demands to take down Griffin’s Facebook and Instagram advertising. Chavez and her counsel have sent Griffin multiple emails since May 2020, and as recently as March 26, putting her on notice of her infringing conduct, but Griffin has ignored them, said the complaint. They also sent notices to Instagram on April 4 and to Facebook on April 10, demanding that they take down Griffin’s advertising, it said. But Meta continues to allow the advertisement and promotion of the infringing mark to the present day, even after the infringement notices and follow-up emails from Chavez and her attorney, said the complaint. Meta “has control over the infringement, including without limitation the ability to stop the dissemination of the infringement by ceasing all advertisement and promotions” of the infringing mark on Instagram and Facebook, it said. Griffin’s unauthorized use of the infringing mark, and Meta’s “disregard” of that infringement, “creates a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement” of Chavez’s services, “and is likely to falsely suggest sponsorship, connection, license, or association” of Griffin and Chavez’s registered mark, it said.