Facebook, Inc. et al v. 9 Xiu Network (Shenzhen) Technology Co., Ltd. et al

Filing 1

COMPLAINT for Trademark and Service Mark Infringement; False Designation of Origin; Dilution; Cybersquatting; and Breach of Contract; Demand for Trial by Jury against 9 Xiu Feishu Science and Technology Company Ltd., 9 Xiu Network (Shenzhen) Technology Co., Ltd., 9 Xiufei Book Technology Co., Ltd., Wei Gao, Home Network (Fujian) Technology Co., Ltd., Zhaochun Liu, Zhaoping Liu, (Filing Fee: $400.00, receipt number 0971-13136764). Filed by Instagram, LLC & Facebook, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Civil Cover Sheet)(Steele, David) (Filed on 3/1/2019) Modified on 3/4/2019 (tnS, COURT STAFF).

Exhibit 2

Reg. No. 3,934,743
Registered Mar. 22, 2011
Amended Sep. 19, 2017
Int. Cl.: 9, 35, 38, 41, 42,
45
Service Mark
Trademark
Principal Register

Facebook, Inc. (DELAWARE CORPORATION)
1601 Willow Road
Menlo Park, CA 94025
CLASS 9: Computer software development tools for social networking, building social
networking applications and for allowing data retrieval, upload, access and management;
application programming interface (API) for third-party software and online services for
social networking, building social networking applications and for allowing data retrieval,
upload, access and management; Software to enable uploading, posting, showing, displaying,
tagging, blogging, sharing or otherwise providing electronic media or information over the
Internet or other communications network
FIRST USE 10-00-2006; IN COMMERCE 10-00-2006
CLASS 35: advertising and information distribution services, namely, providing classified
advertising space via the global computer network; promoting the goods and services of
others over the Internet; providing on-line computer databases and on-line searchable
databases in the field of classifieds
FIRST USE 10-00-2006; IN COMMERCE 10-00-2006
CLASS 38: Providing online chat rooms and electronic bulletin boards for registered users for
transmission of messages concerning collegiate life, general interest, classifieds, virtual
community, social networking, photo sharing, and transmission of photographic images;
Providing services in relation to online chat rooms for transmission of messages and online
directory information for registered users featuring information regarding, and in the nature
of, collegiate life, general interest, classifieds, virtual community, and social networking;
telecommunication services, namely, worldwide switched text and message transmission
services, electronic message sending and outcall notification services; providing transmission
services in relation to using mobile devices, namely, to look up user profile information,
search for users, send messages to users, post information viewable by users, add contacts,
and provide notifications; audio and video broadcasting services over the Internet or other
communications network, namely, electronically transmitting information, audio and video
clips; providing access to information, audio, and video via websites, online forums, chat
rooms, electronic mailing lists and blogs over the Internet; Providing access to computer
databases; electronic transmission of instant messages and data; providing on-line computer
databases and on-line searchable databases in the fields of transmission of photographic
images and provision of on-line forums for communications on topics of general interest

FIRST USE 10-00-2006; IN COMMERCE 10-00-2006
CLASS 41: Electronic publishing services, namely, publishing of online works of others
featuring user-created text, audio, video, and graphics; providing on-line journals and web
logs featuring user-created content; providing on-line computer databases and on-line
searchable databases in the fields of collegiate life, photosharing, video sharing
FIRST USE 10-00-2006; IN COMMERCE 10-00-2006
CLASS 42: Computer services, namely, hosting online web facilities for others for organizing
and conducting online meetings, gatherings, and interactive discussions; and computer
services in the nature of customized web pages featuring user-defined information, personal
profiles and information; Application service provider (ASP) featuring software to enable
uploading, posting, showing, displaying, tagging, blogging, sharing or otherwise providing
electronic media or information over the Internet or other communications network;
Providing temporary use of non-downloadable software applications for classifieds, virtual
community, social networking, photo sharing, video sharing, and transmission of
photographic images; providing a web site over the Internet or electronic communications
networks that gives computer users the ability to upload, post, show, display and tag video
clips; providing on-line computer databases and on-line searchable databases in the field of
forming and connecting with virtual communities
FIRST USE 10-00-2006; IN COMMERCE 10-00-2006
CLASS 45: Internet based introduction and social networking services; providing on-line
computer databases and on-line searchable databases in the field of social networking
FIRST USE 10-00-2006; IN COMMERCE 10-00-2006
The color(s) blue and white is/are claimed as a feature of the mark.
The mark consists of the following: a dark blue shaded square featuring a white lowercase
"f".
SER. NO. 77-273,570, FILED 09-06-2007

Page: 2 of 3 / RN # 3934743

Reg. No. 4,102,824
Registered Feb. 21, 2012

Facebook, Inc. (DELAWARE CORPORATION)
1601 Willow Road
Menlo Park, CALIFORNIA 94025

Amended Nov. 06, 2018

CLASS 38: Providing access to computer databases in the fields of social networking, social
introduction [ and dating ]

Int. Cl.: 38, 45

FIRST USE 8-00-2005; IN COMMERCE 8-00-2005

Service Mark
Principal Register

CLASS 45: Social introduction, networking [ and dating ] services; providing social services
and information in the field of personal development, namely, self-improvement, selffulfillment, charitable, philanthropic, volunteer, public and community services, and
humanitarian activities
FIRST USE 8-00-2005; IN COMMERCE 8-00-2005
Color is not claimed as a feature of the mark.
The mark consist of an outline of the term "FACEBOOK" in stylized lettering.
OWNER OF U.S. REG. NO. 3041791, 3734637, 3122052
SER. NO. 77-896,325, FILED 12-17-2009