IP Law Daily, TRADEMARK NEWS: Facebook Accused of Trademark Infringement for Using WANT Button, (Oct 15, 2012)
By William Zale, J.D.
Facebook’s use of a WANT button for users to express purchasing interest in a product or service allegedly infringes WANT trademarks registered by social media company CVG-SAB. The complaint in CVG-SAB, LLC v. Facebook Inc. was filed in the federal district court in Detroit on October 12, 2012.
CVG-SAB allegedly uses and owns WANT as a trademark in connection with services that allow Internet users to express their purchase intent for products and services offered on the sites of CVG-SAB’s customers and on CVG-SAB’s site. CVG-SAB contracts with Internet retail merchants and does business directly with Internet users, under the trade names Want Technologies, WantButton, Want, TheWantlist, and The Want List. CVG-SAB allegedly owns various U.S. trademark registrations of the WANT mark in standard characters and stylized versions.
On or about October 8, 2012, Facebook began using a WANT button that users on Facebook’s website can click to express their purchasing interest in a retailer’s product or service, according to the complaint. Upon clicking the WANT button that is placed near a product or service of interest, the article is allegedly added to the user’s Facebook wish list. The complaint includes examples of how Facebook allegedly has used a WANT button in connection with Pottery Barn’s Luxe Lodge collection and Neiman Marcus’ product feed.
CVG-SAB alleges that Facebook has knowingly engaged in unlawful conduct constituting federal trademark infringement and false designation of origin, common law unfair competition and trademark infringement, and violation of Michigan’s Consumer Protection Act. CVG-SAB requests injunctive relief and seeks to recover actual damages and profits Facebook allegedly has realized through unlawful conduct.
The case is No. 2:12-cv-14521-GAD-DRG.
James K. Cleland (Brinks Hofer Gilson & Lione) for CVG-SAB, LLC.
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