In the UK, there is trademark infringement. My customers are in the UK. Yet when I ask Facebook to act they decline, stating:
Re: your inquiry
Facebook UK Limited is in receipt of your correspondence. As an initial matter, please note that Facebook UK Limited is the wrong entity for the purposes of your request. Nothing in this letter should be construed as suggesting otherwise. We inform you that for users located in the United Kingdom, Facebook UK Limited does not control or operate the Meta Products (as defined in Facebook’s Terms of Service at https://www.facebook.com/terms).
For users located in the United Kingdom, the Meta Products are operated and controlled by Meta Platforms, Inc. (“Meta Platforms Inc”), a company incorporated under the laws of Delaware in the United States of America. Meta Platforms Inc is the entity with which users in the United Kingdom have a contractual relationship. Facebook UK Limited is a separate entity, independent of and legally distinct from Meta Platforms Inc. Accordingly, Facebook UK Limited is unable to take any action in response to your correspondence.
Please redirect your query to the proper entity, Meta Platforms Inc, via the Facebook Help Center at https://www.facebook.com/help/ or to:
Meta Platforms, Inc.
Attn: Legal Department
1 Meta Way
Menlo Park, CA 94025
United States of America
Thank you for contacting us, and we hope you find the foregoing helpful. We fully reserve all of our rights.
Sincerely,
Facebook UK Limited
What Can I do?
Its a fairly common problem and its a weakness in our current law. Here’s an approach and some potential avenues to explore:
1. Consumer Rights & Jurisdiction:
Under UK law, there are legal protections for consumers in cross-border cases. The UK’s Consumer Rights Act 2015 and the EU’s General Data Protection Regulation (GDPR) (still applicable in the UK under the UK GDPR) could provide a basis for arguing that UK consumers should have access to legal remedies under UK law. Meta Platforms, Inc. might try to argue that US law applies, but you could argue:
- The Brussels Regulation (pre-Brexit, but still influential in common law) and Rome I Regulation (on choice of law in contracts) suggest that consumers should not be deprived of their rights under the law of their home country if the company is “directing its activities” to that country.
- The fact that Meta Platforms operates in the UK, earns revenue from UK users, and contracts with UK consumers, implies they could be subject to UK jurisdiction.
2. UK Trademark Law:
Your trademark claim itself is likely to be governed by the UK Trade Marks Act 1994 since the alleged infringement is happening within the UK and is affecting your trademark in this jurisdiction. Even if Meta argues that they are a US company, if the infringement occurs in the UK and affects your rights here, you may be able to assert UK trademark law over the matter.
3. Case Law and Precedents:
There have been cases where UK courts have taken jurisdiction despite the involvement of foreign companies, particularly when there is significant presence or impact in the UK. However, these cases are often complex. Here are some relevant cases that may support your position:
- Google Inc v Vidal-Hall & Ors [2015] EWCA Civ 311: This case concerned data protection rights but is relevant in principle. The Court of Appeal held that despite Google’s US-based operations, UK claimants could bring a case in the UK as they were affected by Google’s activities in the UK.
- Case C-190/11 Mühlleitner v Yusufi (2012): This EU case held that when a consumer contract was concluded with a foreign company, the consumer could sue in their home country if the foreign company “directed” its activities to that country. This may be useful by analogy for your situation.
4. Contract Terms and Fairness:
If you are being told to address this issue in the US due to contractual terms (e.g., terms of service), you may be able to challenge these terms as unfair under UK consumer law. UK courts can deem certain jurisdictional clauses unfair if they deprive consumers of access to their local courts or remedies.
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