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 3

Reg. No. 5,566,030
Registered Sep. 18, 2018

Instagram, LLC (DELAWARE LIMITED LIABILITY COMPANY)
1601 Willow Road
Menlo Park, CALIFORNIA 94025

Service Mark

CLASS 42: Providing a web site that gives users the ability to upload images; file sharing
services, namely, providing a website featuring technology enabling users to upload
electronic files; providing a web site featuring technology that enables online users to create
personal profiles featuring social networking information

Principal Register

FIRST USE 11-5-2012; IN COMMERCE 11-5-2012

Int. Cl.: 42

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
PARTICULAR FONT STYLE, SIZE OR COLOR
OWNER OF U.S. REG. NO. 4170675, 4146057
SER. NO. 85-965,167, FILED 06-20-2013

Reg. No. 5,019,151
Registered Aug. 09, 2016
Int. Cl.: 35
Service Mark
Principal Register

Instagram, LLC (DELAWARE LIMITED LIABILITY COMPANY)
1601 Willow Road
Menlo Park, CA 94025
CLASS 35: Marketing, advertising and promotion services; Dissemination of advertising for
others via computer and communication networks; Promoting the goods and services of
others via computer and communication networks; Marketing and advertising consultation
services; Market research services; Provision of market research information; Providing
online advertising services for others; Providing online advertising on computer networks
FIRST USE 8-00-2013; IN COMMERCE 11-1-2013
The mark consists of the word "INSTAGRAM" written in script writing.
SER. NO. 86-725,488, FILED 08-14-2015
JEFFREY J LOOK, EXAMINING ATTORNEY

Reg. No. 5,181,545
Registered Apr. 11, 2017
Int. Cl.: 16, 18, 21
Trademark

Instagram, LLC (DELAWARE LIMITED LIABILITY COMPANY)
1601 Willow Road
Menlo Park, CA 94025
CLASS 16: Pens
FIRST USE 11-00-2014; IN COMMERCE 11-00-2014
CLASS 18: Tote bags

Principal Register

FIRST USE 10-00-2014; IN COMMERCE 10-00-2014
CLASS 21: Water bottles sold empty
FIRST USE 10-00-2014; IN COMMERCE 10-00-2014
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
PARTICULAR FONT STYLE, SIZE OR COLOR
OWNER OF U.S. REG. NO. 4756754, 4822600, 4146057
SER. NO. 87-166,620, FILED 09-09-2016
CHRISTINE C MARTIN, EXAMINING ATTORNEY

Reg. No. 5,198,379
Registered May 09, 2017
Int. Cl.: 35
Service Mark
Principal Register

Instagram, LLC (DELAWARE LIMITED LIABILITY COMPANY)
1601 Willow Road
Menlo Park, CA 94025
CLASS 35: Marketing, advertising and promotion services; Dissemination of advertising for
others via computer and communication networks; Promoting the goods and services of
others via computer and communication networks; Marketing and advertising consultation
services; Market research services; Provision of market research information; Online
advertisements
FIRST USE 5-11-2016; IN COMMERCE 5-11-2016
The color(s) yellow, white, orange, pink, purple, red and blue is/are claimed as a feature of
the mark.
The mark consists of a rounded square wherein the bottom left corner is yellow, fading to
orange and the bottom right corner is red and pink. The top of the square is blue and purple,
fading to pink. There is another rounded square superimposed upon the larger square in white
containing a white circle and another smaller white circle above and to the right of the larger
circle.
SER. NO. 87-033,951, FILED 05-11-2016
AHSEN M KHAN, EXAMINING ATTORNEY

Reg. No. 5,299,116
Registered Oct. 03, 2017
Int. Cl.: 9
Trademark
Principal Register

Instagram, LLC (DELAWARE LIMITED LIABILITY COMPANY)
1601 Willow Road
Menlo Park, CALIFORNIA 94025
CLASS 9: Downloadable computer software for modifying and enabling transmission of
images, audio-visual and video content; Downloadable computer software for viewing and
interacting with a feed of images, audio-visual and video content and associated text and data;
Downloadable computer software for finding content and content publishers, and for
subscribing to content; Computer software for tagging images, audio-visual and video content
with data indicating date, location, people and subject matter; Computer search engine
software; Computer software for social networking; Computer software for creating,
managing, and interacting with an online community; Computer software for managing social
networking content, interacting with a virtual community, and transmission of images, audiovisual and video content, photographs, videos, data, text, messages, comments,
advertisements, media advertising communications and information; Computer software for
creating, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging,
blogging, streaming, linking, annotating, indicating sentiment about, commenting on,
embedding, transmitting, sharing, searching, or otherwise providing or interacting with
electronic media; Computer software for sending electronic message alerts, notifications and
reminders; Software for sending and receiving electronic messages; Computer software for
disseminating advertising for others; Computer software for use as an application
programming interface (API); Computer software in the nature of application programming
interfaces (APIs) which facilitate online services for social networking, developing software
applications, and purchasing and disseminating advertising
FIRST USE 5-11-2016; IN COMMERCE 5-11-2016
The color(s) yellow, white, orange, pink, purple, red and blue is/are claimed as a feature of
the mark.
The mark consists of a rounded square wherein the bottom left corner is yellow, fading to
orange and the bottom right corner is red and pink. The top of the square is blue and purple,
fading to pink. There is another rounded square superimposed upon the larger square in white
containing a white circle and another smaller white circle above and to the right of the larger
circle.
SER. NO. 87-033,826, FILED 05-11-2016

Reg. No. 5,299,118
Registered Oct. 03, 2017
Int. Cl.: 38
Service Mark
Principal Register

Instagram, LLC (DELAWARE LIMITED LIABILITY COMPANY)
1601 Willow Road
Menlo Park, CALIFORNIA 94025
CLASS 38: Photo sharing and video sharing services, namely, electronic transmission of
digital photo files, videos and audio visual content among internet users; telecommunications
services, namely, electronic transmission of images, audio-visual and video content,
photographs, videos, data, text, messages, advertisements, media advertising communications
and information; Peer-to-peer network computer services, namely, electronic transmission of
images, audio-visual and video content, photographs, videos, data, text, messages,
advertisements, media advertising communications and information; Providing access to
computer, electronic and online databases; Providing online forums for communication,
namely, transmission on topics of general interest; Providing email and instant messaging
services; Chatroom services for social networking; Providing online communications links
which transfer web site users to other local and global web pages
FIRST USE 5-11-2016; IN COMMERCE 5-11-2016
The color(s) yellow, white, orange, pink, purple, red and blue is/are claimed as a feature of
the mark.
The mark consists of a rounded square wherein the bottom left corner is yellow, fading to
orange and the bottom right corner is red and pink. The top of the square is blue and purple,
fading to pink. There is another rounded square superimposed upon the larger square in white
containing a white circle and another smaller white circle above and to the right of the larger
circle.
SER. NO. 87-033,952, FILED 05-11-2016

Reg. No. 5,299,119
Registered Oct. 03, 2017
Int. Cl.: 42
Service Mark
Principal Register

Instagram, LLC (DELAWARE LIMITED LIABILITY COMPANY)
1601 Willow Road
Menlo Park, CALIFORNIA 94025
CLASS 42: Design and development of computer software; Providing a website that gives
users the ability to engage in social networking and manage their social networking content;
Providing temporary use of non-downloadable software for social networking, managing
social networking content, creating a virtual community, and transmission of images, audiovisual and video content, photographs, videos, data, text, messages, advertisements, media
advertising communications and information; Providing temporary use of non-downloadable
software for modifying and enabling transmission of images, audio-visual and video content;
Providing temporary use of non-downloadable computer software for viewing and interacting
with a feed of images, audio-visual and video content and associated text and data; Providing
temporary use of non-downloadable computer software for finding content and content
publishers, and for subscribing to content; Providing temporary use of non-downloadable
computer software for tagging images, audio-visual and video content with data indicating
date, location, people and subject matter; Providing information from searchable indexes and
databases of information; Providing search engines for obtaining data via communications
networks; Providing an online network service that enables users to transfer personal identity
data and to share personal identity data with and among multiple applications or websites;
Computer services, namely, hosting online web facilities for others for organizing and
conducting meetings, events and interactive discussions via communication networks;
Computer services, namely, creating a virtual community for registered users to share, view,
subscribe to and interact with images, audio-visual and video content and related data and
information; Application service provider (ASP) services, namely, hosting computer software
applications of others; Application service provider (ASP) featuring software for social
networking, managing social networking content, creating a virtual community, and
transmission of images, audio-visual and video content, photographs, videos, data, text,
messages, advertisements, media advertising communications and information; Application
service provider (ASP) featuring software to enable creating, editing, uploading,
downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking,
annotating, indicating sentiment about, commenting on, embedding, transmitting, sharing,
searching, or otherwise providing or interacting with electronic media; Application service
provider (ASP) featuring application programming interface (API) software which facilitates
online services for social networking, developing software applications, and purchasing and
disseminating advertising; Application service provider (ASP) featuring software for use in
buying, selling, tracking, valuing, optimizing, targeting, analyzing, delivery, and reporting of
online advertising and marketing; Application service provider (ASP) featuring software for

use in designing and managing online advertising and marketing campaigns; Platform as a
service (PAAS) featuring computer software platforms for social networking, managing
social networking content, creating a virtual community, and transmission of images, audiovisual and video content, photographs, videos, data, text, messages, advertisements, media
advertising communications and information; Rental of computer software that gives users
the ability to upload, edit, and share images, videos and audio-visual content
FIRST USE 5-11-2016; IN COMMERCE 5-11-2016
The color(s) YELLOW, WHITE, ORANGE, PINK, PURPLE, RED and BLUE is/are claimed
as a feature of the mark.
The mark consists of a rounded square wherein the bottom left corner is yellow, fading to
orange and the bottom right corner is red and pink. The top of the square is blue and purple,
fading to pink. There is another rounded square superimposed upon the larger square in white
containing a white circle and another smaller white circle above and to the right of the larger
circle.
SER. NO. 87-033,954, FILED 05-11-2016

Page: 2 of 3 / RN # 5299119

Reg. No. 5,299,120
Registered Oct. 03, 2017
Int. Cl.: 45
Service Mark
Principal Register

Instagram, LLC (DELAWARE LIMITED LIABILITY COMPANY)
1601 Willow Road
Menlo Park, CALIFORNIA 94025
CLASS 45: Online social networking services; Internet based social introduction, networking
and dating services; Providing information in the form of databases featuring information in
the fields of social networking, social introduction and dating
FIRST USE 5-11-2016; IN COMMERCE 5-11-2016
The color(s) YELLOW, WHITE, ORANGE, PINK, PURPLE, RED and BLUE is/are claimed
as a feature of the mark.
The mark consists of a rounded square wherein the bottom left corner is yellow, fading to
orange and the bottom right corner is red and pink. The top of the square is blue and purple,
fading to pink. There is another rounded square superimposed upon the larger square in white
containing a white circle and another smaller white circle above and to the right of the larger
circle.
SER. NO. 87-033,956, FILED 05-11-2016