Entrepreneur Discusses the “Meta” Trademark Infringement Lawsuit with Josh Gerben

Following it’s rebrand and subsequent trademark filings, Facebook’s parent company, Meta Platforms adopted a unique strategy in an attempt to ensure it has priority for Meta-related trademarks.

Trademark attorney Josh Gerben spoke to Entrepreneur about the unusual strategy and what it may mean for the businesses suing the social media giant.

Meta has been playing a game of “three-dimensional chess” in its efforts to buy up Meta-related trademark assets.

“[Meta Platforms] went out and they acquired other trademarks that had priority dates in them, as far back as they could reach years before Facebook decided to change the name,” Gerben said.

Typically, when it comes to trademark application, the first entity to file has “priority” and the entities who come after are subject to your claims, Gerben explained. However, buying trademarks with earlier priority dates “is an extreme step.”

“This, to me, very clearly, was probably [a Meta Platforms] marketing decision, and legal is trying to build around it,” he added.

But a virtual reality business based in Las Vegas, MetaX LLC filed an infringement lawsuit against Meta Platforms in an attempt to subvert this strategy.

While Josh Gerben thinks that MetaX may have a case, trademark litigation is notoriously expensive and it’s “highly unlikely” that MetaX will prevail.

Source: Bienasz, Gabrielle. Entrepreneur.com. “Meet the Man Who Is Suing Meta For trademark Infringement-And Isn’t Looking to Settle”. 15 February 2023.