Facebook accused of hosting fake Diego Maradona page
Facebook enabled the infringement of the trademarks of Diego Maradona, by failing to remove an Instagram page dedicated to the late soccer legend, a lawsuit filed in Florida has alleged.
Argentine company Sattvica, which is the registered owner of the mark “Maradona” registration number 5,456,112 at the US Patent and Trademark Office, filed the suit at the US District Court for the District of Florida on Thursday, November 4.
According to the suit, the player authorised Sattvica to have the exclusive rights to commercialise the “Maradona” mark in Argentina and globally in 2016.
This development comes after Sattvica won a lengthy legal battle with the late daughters of Maradona in Argentina over the use of the mark in August.
In the suit, Sattvica claimed that the social media platform was the primary vehicle by which the “Maradona” mark is used without its authorisation or permission.
In September, Sattvica said that the official “Maradona” mark had been used to create an Instagram page that was managed by an unauthorised user(s) and contained multiple postings which were placed on the page without authorisation.
Sattvica also held that several images of Maradona which fall within the scope of the mark were uploaded and shared through the Instagram page, again without the correct authorisation or permission.
Rights ownership ‘unclear’
After becoming aware of the allegedly improper use of the “Maradona” mark through the Instagram page, Sattvica’s Argentinian counsel, Mauricio Longin D'Alessandro, filed a formal complaint with Facebook.
In September, Facebook responded to the complaint stating that “based on the information you have provided, it’s not clear that you are the rights owner or are otherwise authorised to submit this report”.
In response, D'Alessandro sent a formal letter to Facebook in October, to establish that Sattvica was the owner of the “Maradona” mark.
To date, Facebook has refused to remove the unauthorised user and page, continuing to question the legitimacy of Sattvica’s rights to the “Maradona” mark, according to the suit.
Sattvica requested that the court grant preliminary and permanent injunctive relief, preventing Facebook from hosting and/or disseminating the unauthorised page using the ‘Maradona’ mark on its Instagram platform, directing its immediate removal and placing the use and access in its exclusive possession.
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