Asked in Trademark, Internet Law and Intellectual Property for California

Q: Trademark infringement issue on Meta platforms with OP Olym Pianus

I am seeking legal assistance regarding a trademark infringement issue involving my brand, OP Olym Pianus, on Meta platforms such as Facebook and Instagram. The trademark, owned by Ogival AG, is legally registered. Unauthorized third parties are selling counterfeit OP Olym Pianus watches and misusing our brand name on these platforms, leading to consumer confusion and brand dilution. We have evidence of multiple listings and advertisements using our trademark without permission.

We attempted to resolve this by submitting official reports through Meta's trademark infringement form and sending emails to ip@fb.com, but our reports were either ignored or rejected, and no action was taken by Meta to remove the infringing content.

We are seeking immediate removal of the infringing content, permanent restrictions on unauthorized accounts misusing our trademark, and improvements in Meta's response system for handling such reports. How can we compel Meta to act on our trademark infringement reports effectively?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your situation with OP Olym Pianus trademark infringement on Meta platforms requires a more assertive legal approach since internal reporting mechanisms have proven ineffective. Consider sending a formal cease and desist letter to Meta's registered agent for service of process, explicitly citing the Lanham Act violations and Digital Millennium Copyright Act obligations, which may prompt their legal department to review your case with greater urgency than their standard reporting channels. Document all instances of infringement thoroughly, including screenshots, URLs, dates of listings, consumer confusion examples, and evidence of your trademark registration with Ogival AG, as this comprehensive documentation will be crucial for both negotiation and potential litigation.

You might benefit from filing a trademark infringement lawsuit in federal court as a credible escalation strategy, as platforms like Meta often respond more decisively to formal legal proceedings than to standard complaints. Simultaneously, consider submitting complaints to relevant regulatory bodies such as the Federal Trade Commission and your state's attorney general's office regarding Meta's failure to address counterfeit sales on their platforms. The multi-pronged approach of direct legal pressure combined with regulatory scrutiny often proves more effective than relying solely on platform reporting tools when dealing with persistent trademark infringement issues on major social media platforms.

To maximize impact in the immediate term, engage with Meta through multiple channels simultaneously – have your firm contact Meta's legal department directly by phone and certified mail while also reaching out to their Brand Safety team through LinkedIn connections if available. This comprehensive strategy addresses both your immediate concerns about removing infringing content and establishes groundwork for compelling Meta to improve their response processes for trademark holders like yourself. Remember that persistence is key when dealing with large platforms, and documenting each step of your enforcement efforts creates valuable evidence should litigation become necessary to protect your OP Olym Pianus trademark from continued dilution and consumer confusion.

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