Facebook and Gucci have announced a joint lawsuit in the United States District Court – Northern District of California against an online business operator. The business operator is being sued for violating Facebook and Instagram terms and conditions and infringing Gucci’s intellectual property rights.
Facebook and Gucci File Joint Lawsuit Against International Counterfeiter https://t.co/edDtzqbRT7
— Facebook Newsroom (@fbnewsroom) April 27, 2021
Facebook stated that they would not tolerate counterfeit goods being sold on its platform and that they would defend brands such as Gucci who fall victim to intellectual property theft – calling it a “natural next step in the progression of our partnerships”:
“Facebook and Instagram’s terms strictly prohibit IP infringement, including the sale or promotion of counterfeit products. Consistent with these terms, Facebook and Instagram have implemented robust IP protection measures including a global notice-and-takedown program, a robust repeat infringement policy and additional measures. Cross-industry collaboration with brands like Gucci is critical to this type of enforcement action and to Facebook’s broader efforts to tackle counterfeits on its services. Facebook and Gucci’s collaborative relationship is built upon joint commitment and efforts to combat the promotion and sale of counterfeit goods online. This lawsuit — the first of its kind for Facebook and Gucci — is a natural next step in the progression of our partnership”.
Licia Garotti – a Partner at the Milan-based legal studio Gattai, Minoli, Agostinelli & Partners – shared her thoughts on the lawsuit and how admirable it is that Facebook is protecting and supporting brands on its platform:
“The pandemic, with the restrictions on shopping in brick-and- mortar stores has boosted the digitalization of brands’ business policies, speeding up e-commerce opportunities. This, however, also implied a further increase of online counterfeits and of fake profiles. This initiative should be seen as Gucci and Facebook giving a strong signal, showing they are paying attention to the protection of intellectual property rights (including brands, trademarks and original design). While Facebook is not directly responsible for the content, it wants to be seen as taking action, avoiding being seen as negligent or an unsafe platform. And it has contractual power because the individual violated Facebook’s terms and conditions for the authorized use of the social network”.
Gucci has also been a stern advocate against violations of their intellectual property rights: they filed intellectual property lawsuits in 2019 and in 2020 – with the latter court case decision resulting in the elimination of 4 million counterfeit product listings, seizure of 4.1 million counterfeit goods, and the removal of 45,000 counterfeit websites
Facebook and Gucci’s lawsuit announcement comes months after Amazon and the Italian luxury label Salvatore Ferragamo filed joint lawsuits in the U.S. District Court for the Western District of Washington against four individuals and three counterfeit businesses after they allegedly sold counterfeit Salvatore Ferragamo goods on Amazon – claiming they were authentic Salvatore Ferragamo products.