Meta V Does 1-100

Case 3:21-cv-09797 Document 1 Filed 12/20/21 Page 1 of 21
1 Bonnie MacNaughton (Bar No. 107402)

Grant Damon-Feng (Bar No. 319451)
2 DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
3 Seattle, WA 98104
Telephone: (206) 622-3150
4 Facsimile: (206) 757-7700
Email: bonniemacnaughton@dwt.com
5 grantdamonfeng@dwt.com
6 John D. Freed (Bar No. 261518)

DAVIS WRIGHT TREMAINE LLP
7 505 Montgomery Street, Suite 800
San Francisco, CA 94111-6533
8 Telephone: (415) 276-6500
Facsimile: (415) 276-6599
9 Email: jakefreed@dwt.com
10 Attorneys for Plaintiffs

META PLATFORMS, INC., INSTAGRAM, LLC, and WHATSAPP LLC
11
12 UNITED STATES DISTRICT COURT
13 NORTHERN DISTRICT OF CALIFORNIA
14 META PLATFORMS, INC., a Delaware Case No.

corporation, INSTAGRAM, LLC, a Delaware
15 limited liability company, and WHATSAPP COMPLAINT AND DEMAND FOR JURY
LLC, a Delaware limited liability company, TRIAL
16
Plaintiffs,
17
v.
18
DOES 1-100,
19 Defendants.
20
COMPLAINT
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Meta Platforms, Inc. (“Meta”) (formerly known as Facebook, Inc.), Instagram, LLC, and
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WhatsApp LLC, allege the following against Defendants John Does 1-100:
23
24 I. INTRODUCTION
25 1. Since at least September 2019 and continuing to the present, Defendants have
26 engaged in a wide-ranging internet “phishing” scheme whereby they impersonate Facebook,
27 Messenger, Instagram, and WhatsApp in order to deceive users and steal their login credentials.
28 Defendants have created more than 39,000 websites purporting to be the login pages for
1
COMPLAINT AND DEMAND FOR JURY TRIAL
Case No.
1 Facebook, Messenger, Instagram, or WhatsApp. On these websites, Defendants prompted users
2 to enter their usernames and passwords, which Defendants collected for their own benefit. As
3 part of their scheme, Defendants used services offered by Ngrok, Inc., to relay internet traffic to
4 their phishing websites in a manner that obfuscated where the websites were hosted. This has
5 enabled Defendants to conceal their identities and prolong their phishing attacks.
6 2. Plaintiffs bring this action to stop Defendants’ unlawful and harmful conduct, and
7 to seek records to uncover the identities of the Doe Defendants. Defendants’ conduct violates
8 Facebook’s Terms of Service, California’s Anti-Phishing Act, and the Lanham Act.
9 II. PARTIES
10 3. Plaintiff Meta is a Delaware corporation with its principal place of business in
11 Menlo Park, California. Meta, formerly known as Facebook, Inc., offers Facebook as a service
12 (“Facebook”). Meta also offers Messenger, an instant messaging app, as a service.
13 4. Plaintiff Instagram, LLC, a subsidiary of Meta, is a Delaware limited liability
14 company with its principal place of business in Menlo Park, California. The Instagram service
15 (“Instagram”), which is provided by Meta, and is a popular photo and video sharing social
16 networking service.
17 5. Plaintiff WhatsApp LLC, whose corporate parent is Meta, is a Delaware limited
18 liability company with its principal place of business in Menlo Park, California. The WhatsApp
19 service is a cross-platform mobile messaging app used across the globe. Meta acts as
20 WhatsApp’s service provider for security-related issues.
21 6. Third-party Ngrok Incorporated (“Ngrok”) is a cloud company that provides a
22 variety of services to software developers and technology professionals. Ngrok is a Delaware
23 corporation with its principal place of business in California and offers its services to customers
24 at a basic level for free or as a paid subscription for higher usage and functionality. Users of
25 Ngrok’s free services can “publish” local websites to the publicly accessible internet using
26 unique web addresses (URLs) generated by Ngrok, while paid subscribers can create custom
27 URLs for their websites. These URLs all include the domain name ngrok.io.
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Case No.
1 7. The true identities of Defendants are presently unknown to Plaintiffs. On
2 information and belief, Defendants are working in concert with one another to knowingly and
3 willfully operate a phishing scheme directed at Facebook, Messenger, Instagram, and WhatsApp
4 users.
5 III. JURISDICTION AND VENUE

6 8. The Court has original subject matter jurisdiction over Plaintiffs’ federal claims
7 pursuant to 15 U.S.C. § 1121, and 28 U.S.C. §§ 1331 and 1338(a). This Court has supplemental
8 subject matter jurisdiction over Plaintiffs’ state claims pursuant to 28 U.S.C. § 1367(a).
9 9. As a result of their phishing scheme, Defendants have access to multiple
10 Facebook, Messenger, Instagram and WhatsApp accounts, and agreed to their various Terms of
11 Service and Use. These Terms each contain a forum selection clause that requires this complaint
12 be resolved by this Court or California state court, and that Defendants submit to the personal
13 jurisdiction of this Court.
14 10. The Court has personal jurisdiction over Defendants because they purposefully
15 directed and targeted their unlawful activities at California and Plaintiffs, which have their
16 principal places of business in California. Defendants also transacted business and engaged in
17 commerce in California by, among other things, directing their phishing scheme at users of
18 Facebook, Messenger, Instagram, and WhatsApp, including users in California, and using the
19 services of Ngrok, which is a San Diego, California-based technology company, to perpetrate
20 their phishing scheme.
21 11. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) because Defendants
22 agreed to the Plaintiffs’ various Terms of Service and Use including their forum selection
23 clauses, and because a substantial part of the events giving rise to the claims occurred in this
24 District.
25 IV. INTRADISTRICT ASSIGNMENT

26 12. This case is properly assigned on a District-wide basis pursuant to Civil L. R. 3-
27 2(c) because it arises out of Defendants’ infringement of Plaintiffs’ intellectual property rights.
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Case No.
1 V. FACTS
2 A. Background on Phishing Attacks
3 13. In this complaint, “phishing attacks” refers to the practice of deceiving internet
4 users into divulging personal information using fraudulent websites and online impersonation.
5 The Anti-Phishing Working Group (“APWG”), a nonprofit that works to stop phishing, reported
6 that phishing attacks doubled in 2020 from the previous year. Anti-Phishing Working Group,
7 Phishing Activity Trends Report, 2nd Quarter 2021 (Sept. 22, 2021),
8 https://docs.apwg.org/reports/apwg_trends_report_q2_2021.pdf. In 2020, the FBI Internet Crime
9 Complaint Center reported over 240,000 phishing scam complaints with losses totaling over $54
10 million. Fed. Bureau of Investigation Internet Crime Complaint Center, Internet Crime Report
11 2020 (Mar. 17, 2021), https://www.ic3.gov/Media/PDF/AnnualReport/2020_IC3Report.pdf. In
12 June 2021, the APWG recorded 222,127 phishing attacks in one month alone, the third-worst
13 month in APWG’s reporting history. Social media companies were the second-most targeted
14 industry in the second quarter of 2021, after financial institutions. Id.
15 B. Background on Plaintiffs.
16 14. Plaintiff Meta Platforms, Inc. is a Delaware corporation with its principal place of
17 business in Menlo Park, California. Meta’s products include the Facebook, Messenger,
18 Instagram, and WhatsApp apps.
19 15. Facebook is a social networking website and mobile application that enables its
20 users to create their own personal profiles and connect with each other on their personal
21 computers and mobile devices. Messenger is an instant messaging service provided by Meta that
22 is available on mobile devices and desktop computers. Everyone who uses Facebook or
23 Messenger must agree to Facebook’s Terms of Service (“ToS”). The Facebook ToS require
24 everyone that uses Facebook or Messenger to agree not to use the services to do or share
25 anything that: 1) “is unlawful, misleading, discriminatory, or fraudulent”; or 2) “infringes or
26 violates someone else’s rights, including their intellectual property rights.” ToS § 3.2.1.
27 16. Instagram is a photo and video sharing and editing service, mobile application,
28 and social network. Instagram users can choose to share their photos and videos with their
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Case No.
1 followers or with select groups of friends. They can also view, comment, and like posts shared
2 on Instagram. Everyone who uses Instagram must agree to Instagram’s Terms of Use (“ToU”).
3 The Instagram ToU prohibit using the service for doing “anything unlawful, misleading, or
4 fraudulent or for an illegal or unauthorized purpose.” Id. Similarly, Instagram users cannot
5 “sell, license, or purchase any account… or solicit, collect, or use login credentials … of other
6 users; or request or collect Instagram usernames [or] passwords.” Id.
7 17. WhatsApp is an encrypted messaging application that is used by people and
8 businesses around the world to communicate and transact in a private way. In order to use
9 WhatsApp, users must agree to the WhatsApp Terms and Policies (“WhatsApp Terms”).
10 According to the WhatsApp Terms, users “must access and use our Services only for legal,
11 authorized, and acceptable purposes.” Id. Users must not use or assist others in using WhatsApp
12 in ways that are illegal, or “involve sending illegal or impermissible communications.” Id.
13 Moreover, users must not (or assist others to) directly, indirectly, through automated or other
14 means… exploit [WhatsApp] in impermissible or unauthorized manners, or in ways that … harm
15 us, our Services, systems, our users, or others.” Id. This prohibition applies to “gain[ing] or
16 attempt[ing] to gain unauthorized access to our Services or systems [or] interfer[ing] with or
17 disrupt[ing] the safety, security, confidentiality, integrity… of our Services.” Id.
18 C. Plaintiffs’ Intellectual Property

19 18. Meta1, Instagram, and WhatsApp each developed trademarks they use to advertise
20 and market products and services. Defendants used the following trademarks owned by Meta,
21 Instagram, and WhatsApp in the phishing scheme (“the Trademarks”).
22 19. Plaintiffs duly registered the Trademarks with the United States Patent and
23 Trademark Office on the Principal Register. True and correct copies of the registration
24 certificates for the Trademarks are collectively attached hereto as Exhibit A.
25 MARK REGISTRATION ISSUE INTERNATIONAL

NO. DATE CLASS/ES
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INSTAGRAM 4863595 12/01/2015 38
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28 1
Meta owns the trademarks for its Facebook and Messenger services. Instagram, LLC owns the trademarks for the
Instagram service, and WhatsApp LLC owns the trademarks for the WhatsApp service.
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Case No.
1 INSTAGRAM 4856047 11/17/2015 42
2 INSTAGRAM 4827509 10/06/2015 45

3 INSTAGRAM 5566030 09/18/2018 42
4 4795634 08/18/2015 9, 38, 41, 42, 45
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6 4359872 07/02/2013 9, 38
7
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5520067 07/17/2018 9, 38, 42, 45
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WHATSAPP 3939463 04/05/2011 42
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WHATSAPP 4083272 01/10/2012 9, 38
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WHATSAPP 5492738 06/12/2018 9, 38, 42, 45
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3934743 03/22/2011 9, 35, 38, 41, 42, 45
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FACEBOOK 3814888 07/06/2010 42
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FACEBOOK 3734637 01/05/2010 9, 38, 41, 42
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FACEBOOK 3801147 06/08/2010 9, 38, 41, 42
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FACEBOOK 3041791 01/10/2006 38
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FACEBOOK 4471161 01/21/2014 41
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FACEBOOK 4339123 05/21/2013 42
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FACEBOOK 4392662 08/27/2013 45
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FACEBOOK 4449195 12/10/2013 38
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4099518 02/14/2012 38, 45
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4102822 02/21/2012 38, 41, 42
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4102823 02/21/2012 35, 42
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4102824 02/21/2012 38, 45
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Case No.
1 4639783 11/18/2014 9, 38, 45
3 20. Plaintiffs’ use of the Trademarks in interstate commerce has been extensive,
4 continuous, and substantially exclusive. Plaintiffs have made, and continue to make, a
5 substantial investment of time, effort, and expense in the promotion of their products and the
6 Trademarks. As a result of Plaintiffs’ efforts and use, the Trademarks are inextricably linked
7 with the products and services offered by Plaintiffs.
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D. Defendants’ Phishing Scheme
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21. Beginning no later than 2019, and continuing to the present, Defendants have
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created and used over 39,000 websites to impersonate the login pages of Facebook, Messenger,
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Instagram, and WhatsApp, and steal their users’ login credentials (the “Phishing Websites”).
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Defendants used Ngrok to generate a URL for each of the Phishing Websites, and these bore one
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or more of the Trademarks. On information and belief, Defendants disseminated these URLs to
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their victims.2 When victims visited the Ngrok URLs, they were directed to the Phishing
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Websites, prompted to enter their requested credentials, and the credentials were collected by
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Defendants.
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22. On information and belief, Defendants published the Phishing Websites using
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Ngrok’s service because they did not need to register the URL with a domain registration
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service, avoiding disclosure of identifying information and registration costs. Instead, Ngrok’s
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free service automatically generated URLs as a subdomain of Ngrok’s domain ngrok.io (e.g.,
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https://d32831ea3827.ngrok.io/login.html). This prevented Plaintiffs from identifying the real
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locations of the Phishing Websites on the internet and being able to work with domain registrars
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and hosting providers to take down the Phishing Websites at their source. The obfuscation of
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Defendants’ true hosting locations served to prolong and facilitate repeated phishing attacks.
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2
See Cyble, Ngrok Platform Abused by Hackers to Deliver a New Wave of Phishing Attacks,
27 https://blog.cyble.com/2021/02/15/ngrok-platform-abused-by-hackers-to-deliver-a-new-wave-of-phishing-attacks/
(Feb. 15, 2021), Oussama Azrara, Phishing on Facebook and Google with SET and Ngrok,
28 https://www.linkedin.com/pulse/phishing-facebook-google-set-ngrok-oussama-azrara/ (Feb. 9, 2020); Mocking
G33K, Phishing with Ngrok, https://medium.com/@g33xter/phishing-with-ngrok-252309890b87 (Mar. 10, 2018).
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Case No.
1 23. On information and belief, Defendants also published the Phishing Websites
2 using Ngrok because, for a fee, they could customize the URLs to deceive the victims. For
3 example, many URLs include Plaintiffs’ Trademarks, which created the misleading impression
4 that the Phishing Websites originated from or are otherwise affiliated with Plaintiffs (e.g.,
5 http://facebook.in.ngrok.io/).
6 24. The following are examples of the Phishing Websites, followed by images of the
7 authentic Facebook, Messenger, Instagram, and WhatsApp websites that they impersonated:
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10 * Images on the following pages *
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1 Figure 1: Phishing Website using Ngrok URL http://9747199d.ngrok.io/dashboard/
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13 Figure 2: Authentic Facebook Login Page
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1 Figure 3: Phishing Website in Italian using Ngrok URL http://facebook.in.ngrok.io/
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12 Figure 4: Authentic Facebook Login Page in Italian

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1 Figure 5: Phishing Website using Ngrok URL https://d32831ea3827.ngrok.io/login.html
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15 Figure 6: Authentic Messenger Login Page
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1 Figure 7: Phishing Website using Ngrok URL
2 http://5989c7736ad8.ngrok.io/?php.sgnittes/moc.margatsni/=
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15 Figure 8: Authentic Instagram Login Page
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2 Figure 9: Phishing Website using Ngrok URL https://ce3568da7eeb.ngrok.io/login.html
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1 Figure 11: Phishing Website using Ngrok URL https://38ad1bb93210.ngrok.io/
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1 Figure 13: Phishing Website using Ngrok URL https://b71ef0393d7a.ngrok.io/
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Figure 14: Authentic WhatsApp Login Page
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1 VI. CAUSES OF ACTION

2 FIRST CAUSE OF ACTION
3 Anti-Phishing Act (Cal. Bus. & Prof. Code § 22948)
4 25. Plaintiffs re-allege and incorporate herein each paragraph above.
5 26. By creating and disseminating URLs for the Phishing Websites, Defendants
6 falsely represented themselves to be Facebook, Messenger, Instagram, or WhatsApp, without
7 Plaintiffs’ authorization.
8 27. Defendants’ Phishing Websites were intended to, and on information and belief
9 did in fact, solicit, request, and induce users of Facebook, Messenger, Instagram, and WhatsApp
10 to provide their account credentials.
11 28. Plaintiffs were adversely affected by Defendants’ phishing scheme and suffered,
12 without limitation, damage to their brands and reputations, harm to their users, and monetary
13 losses in an amount to be determined.
14 29. Defendants’ conduct constitutes a violation of Cal. Bus. & Prof. Code
15 § 22948.3(a)(1).
16 30. As a result, Plaintiffs seek to recover the greater of their actual damages or five
17 hundred thousand dollars ($500,000) pursuant to Cal. Bus. & Prof. Code § 22948.3(a)(1).
18 Further, because Defendants engaged in a pattern and practice of violating the Anti-Phishing
19 Act, Plaintiffs request the trebling of their actual damages pursuant to Cal. Bus. & Prof. Code
20 § 22948.3(c)(1). Plaintiffs further seek an award of their attorneys’ fees and costs of suit
21 pursuant to Cal. Bus. & Prof. Code § 22948.3(c)(2).
22 31. Plaintiffs further seek to enjoin Defendants’ further violations of the Anti-
23 Phishing Act for the reasons described in the following Causes of Action.
24 SECOND CAUSE OF ACTION
25 Breach of Contract (by Meta)
26 32. Plaintiff Meta re-alleges and incorporates herein each paragraph above.
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Case No.
1 33. Access to and use of Facebook and Messenger are governed by the Facebook
2 ToS. Access to and use of Instagram is governed by the Instagram ToU, which is a contract
3 between Instagram users and Meta.
4 34. Defendants agreed to and became bound by the ToS and ToU through their
5 collection, trafficking, and use of stolen login credentials for Facebook, Messenger, and
6 Instagram, and facilitation of their own and others’ fraudulent access of the Facebook,
7 Messenger, and Instagram services.
8 35. Meta has performed all conditions, covenants, and promises required of it under
9 the ToS and the ToU.
10 36. Defendants breached the ToS and ToU in multiple ways by the activity described
11 above, including engaging in unlawful, misleading, and fraudulent conduct, and violating Meta
12 and Instagram LLC’s intellectual property rights.
13 37. Defendants’ breaches have caused Meta to incur damages in an amount to be
14 determined.
15 THIRD CAUSE OF ACTION
16 Trademark Infringement (15 U.S.C. § 1114)
18 39. As described above, Defendants have used the Trademarks in interstate
19 commerce.
20 40. Defendants’ use of the Trademarks is likely to cause confusion, mistake, or
21 deception as to the origin, sponsorship, or approval of Defendants’ unauthorized use of the
22 Trademarks on the Phishing Websites, thereby harming Plaintiffs and their users.
23 41. Additionally, by reason of Defendants’ acts of trademark infringement, Plaintiffs
24 have suffered damage to the goodwill associated with the Trademarks.
25 42. The above-described acts of Defendants constitute trademark infringement in
26 violation of 15 U.S.C. § 1114(1) and entitle Plaintiffs to relief.
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Case No.
1 43. As a result, Plaintiffs seek to recover Defendants’ profits, treble actual damages,
2 costs of the action, and attorneys’ fees pursuant to 15 U.S.C. § 1117(a) and (b). Plaintiffs may
3 also elect to seek statutory damages under 15 U.S.C. § 1117(c).
4 44. Plaintiffs are further entitled to injunctive relief pursuant to 15 U.S.C. § 1116.
5 Plaintiffs have no adequate remedy at law for Defendants’ wrongful conduct because, among
6 other things: (a) the Trademarks are unique and valuable property that have no readily
7 determinable market value; (b) Defendants’ infringement of the Trademarks constitutes harm to
8 Plaintiffs’ reputation and goodwill such that Plaintiffs cannot be made whole by any monetary
9 award; (c) if Defendants’ wrongful conduct is allowed to continue, the public is likely to become
10 further confused, mistaken, or deceived as to the source, origin or authenticity of the Phishing
11 Websites; and (d) Defendants’ wrongful conduct, and the resulting harm to Plaintiffs, is
12 continuing.
13 FOURTH CAUSE OF ACTION
14 False Affiliation and Designation of Origin (15 U.S.C. § 1125(a))
16 46. The Trademarks are distinctive marks that are associated with Plaintiffs and
17 exclusively identify their business, products, and services.
18 47. Defendants’ continuous use in commerce of the Trademarks, and variations
19 thereof, is likely to cause confusion, or to cause mistake, or to deceive the relevant public that the
20 Phishing Websites are authorized, sponsored, or approved by, or are affiliated with, Plaintiffs.
21 48. Defendants’ conduct constitutes false designation of origin in violation of 15
22 U.S.C. § 1125(a), entitling Plaintiffs to relief.
23 49. By reason of the above-described acts of Defendants, Plaintiffs have suffered
24 damage to the goodwill associated with the Trademarks.
25 50. As a result, Plaintiffs seek to recover Defendants’ profits, treble their actual
26 damages, costs of the action, and attorneys’ fees pursuant to 15 U.S.C. § 1117(a) and (b).
27 51. Plaintiffs further seek injunctive relief pursuant to 15 U.S.C. § 1116. Plaintiffs
28 have no adequate remedy at law for Defendants’ wrongful conduct because, among other things:
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1 (a) the Trademarks are unique and valuable property that have no readily determinable market
2 value; (b) Defendants’ infringement of the Trademarks constitutes harm to Plaintiffs’ reputation
3 and goodwill such that Plaintiffs cannot be made whole by any monetary award; (c) if
4 Defendants’ wrongful conduct is allowed to continue, the public is likely to become further
5 confused, mistaken, or deceived as to the source, origin or authenticity of the Phishing Websites;
6 and (d) Defendants’ wrongful conduct, and the resulting harm to Plaintiffs, is continuing.
7 VII. PRAYER FOR RELIEF

8 WHEREFORE, Plaintiffs respectfully pray for the following relief:
9 A. That the Court enter judgment for Plaintiffs on all claims;
10 B. That the Court permanently restrain and enjoin Defendants, their directors,
11 principals, officers, agents, representatives, employees, attorneys, successors and assigns, and all
12 others in active concert or participation with them, from:
13 i. Accessing, or attempting to access, Plaintiffs’ platforms and computer
14 systems;
15 ii. Engaging in any activity that disrupts, diminishes the quality of, interferes
16 with the performance of, or impairs the functionality of Plaintiffs’ platforms and computer
17 system;
18 iii. Engaging in any activity that violates Meta’s Terms, or facilitating others
19 to do the same;
20 iv. Any infringing use of, or making or inducing others to infringe, any of
21 Plaintiffs’ trademarks including the Trademarks;
22 v. Sending any commercial electronic messages that contain any of
23 Plaintiffs’ trademarks, or otherwise representing that Defendants, either directly or by
24 implication, are from or affiliated with Plaintiffs;
25 vi. Creating, operating, or maintaining any domains, subdomains, or URLs
26 containing Plaintiffs’ trademarks or which are confusingly similar to, or dilutive of, Plaintiffs’
27 trademarks; and
28 vii. Assisting, aiding, or abetting any other person or business entity in
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1 engaging in or performing any of the activities listed above.
2 C. That Plaintiffs be awarded damages, including but not limited to compensatory
3 damages, as permitted by law and in an amount to be proven at trial.
4 D. That Plaintiffs be awarded its costs, including reasonable attorneys’ fees of this
5 action, and their reasonable attorneys’ fees.
6 E. That the Court grant Plaintiffs such other, further, and additional relief as the
7 Court deems just and equitable.
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Case No.
1 DEMAND FOR JURY TRIAL
2 Plaintiffs hereby demand a trial by jury of all issues so triable pursuant to Rule 38(b) of
3 the Federal Rules of Civil Procedure.
5 DATED this 20th day of December, 2021.
6
7 Attorneys for Plaintiffs
8
9 By s/ Bonnie E. MacNaughton
Bonnie E. MacNaughton, (Bar No. 107402)
10 Grant Damon-Feng (Bar No. 319451)
11 920 Fifth Avenue, Suite 3300
12 Seattle, WA 98104
Telephone: (206) 622-3150
13 Facsimile: (206) 757-7700
14 John D. Freed (Bar No. 261518)

505 Montgomery Street, Suite 800
15
San Francisco, CA 94111-6533
16 Telephone: (415) 276-6500
Facsimile: (415) 276-6599
17
Platform Enforcement and Litigation
18 Jessica Romero
Stacy Chen
19
Jimmy Doan
20 Robert O’Loughlin
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Case No.
Case 3:21-cv-09797 Document 1-1 Filed 12/20/21 Page 1 of 52
EXHIBIT A
Reg. No. 5,566,030 Instagram, LLC (DELAWARE LIMITED LIABILITY COMPANY)

1601 Willow Road
Registered Sep. 18, 2018 Menlo Park, CALIFORNIA 94025
CLASS 42: Providing a web site that gives users the ability to upload images; file sharing
Int. Cl.: 42 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
Service Mark personal profiles featuring social networking information
Principal Register FIRST USE 11-5-2012; IN COMMERCE 11-5-2012
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

REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years*

What and When to File:
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
Requirements in Successive Ten-Year Periods*

You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
Grace Period Filings*
The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an

extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
The time periods for filing are based on the U.S. registration date (not the international registration date). The
deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations
do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
international registration at the International Bureau of the World Intellectual Property Organization, under
Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the
international registration, see http://www.wipo.int/madrid/en/.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 of 2 / RN # 5566030
Reg. No. 4,359,872 WHATSAPP INC. (DELAWARE CORPORATION)

1601 Willow Road
Registered Jul. 02, 2013 Menlo Park, CALIFORNIA 94025
CLASS 9: Downloadable software, namely, instant messaging software, file sharing software,
Amended Nov. 19, 2019 communications software for electronically exchanging data, audio, video images and
graphics via computer, mobile devices, wireless devices, and via telecommunications
Int. Cl.: 9, 38 networks and downloadable computer software for processing images, graphics, audio, video,
and text
Service Mark
FIRST USE 9-10-2009; IN COMMERCE 9-10-2009
Trademark
CLASS 38: Telecommunication services, namely, data transmission and reception services
Principal Register via telecommunication networks; electronic exchange of voice, data, audio, video, text and
graphics accessible via computer and telecommunications networks; instant messaging
services; mobile phone communication services
The color(s) white and green is/are claimed as a feature of the mark.
The mark consists of a green speech bubble outlined in white, with a telephone in the center.
SER. NO. 85-491,825, FILED 12-09-2011





Page: 2 of 2 / RN # 4359872
Reg. No. 5,520,067 WhatsApp Inc. (DELAWARE CORPORATION)

1601 Willow Road
Registered Jul. 17, 2018 Menlo Park, CALIFORNIA 94025
Int. Cl.: 9, 38, 42, 45 communications software for electronically exchanging data, audio, video images and
graphics via computer, mobile, wireless, and communication networks; Downloadable
Service Mark computer software for processing images, graphics, audio, video, and text; Downloadable
software in the nature of a messaging application; Computer software for use in facilitating
Trademark voice over internet protocol (VOIP) calls, phone calls, video calls, text messages, instant
message and online social networking services; Downloadable software in the nature of a
Principal Register mobile application for messaging; Computer software for creating, editing, uploading,
downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking,
annotating, indicating sentiment about, commenting on, embedding, transmitting, and sharing
or otherwise providing electronic media or information via computer and communication
networks; Software for sending and receiving electronic messages, graphics, images, audio
and audio visual content via global communication networks; Computer software for the
collection, managing, editing, organizing, modifying, transmission, sharing, and storage of
data and information; Computer software for personal information management, and data
synchronization software
via telecommunication networks; Electronic exchange of voice, data, audio, video, text and
graphics accessible via computer and telecommunications networks; Instant messaging
services; Mobile phone communication services; Voice over internet protocol (VOIP)
services; Audio teleconferencing; Teleconferencing services; Video teleconferencing; Web
messaging; Peer-to-peer photo sharing and video sharing services, namely, electronic
transmission of digital photo files, videos and audio visual content among users; Providing
access to computer, electronic and online databases; Telecommunications services, namely,
electronic transmission of data, messages, graphics, images, audio, video and information;
Providing online chat rooms, instant messaging services, and electronic bulletin boards;
Providing access to computer databases in the field of social networking; Providing online
forums for communication on topics of general interest; Providing online communications
links that transfer mobile device and Internet users to other local and global online locations

CLASS 42: Application service provider, namely, hosting, managing, developing, and
maintaining applications, software, and web sites in the fields of wireless communication,
mobile information access, and remote data management for wireless delivery of content to
handheld computers, laptops and mobile electronic devices; Development, updating and
maintenance of software and database systems in the fields of wireless communication,
handheld computers, laptops and mobile electronic devices; Providing temporary use of
online non-downloadable software and applications for instant messaging, voice over internet
protocol (VOIP), video conferencing, and audio conferencing; Computer services, namely,
creating an online community for registered users to engage in social networking; Computer
services, namely, creating virtual communities for users to participate in discussions, get
feedback from their peers, and engage in social, business and community networking;
Computer services, namely, hosting electronic facilities for others for interactive discussions
via communication networks; Computer services, namely, hosting electronic facilities for
others for organizing and conducting discussions via communication networks; Application
service provider (ASP) featuring software to enable or facilitate the creating, editing,
uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging,
streaming, linking, annotating, indicating sentiment about, commenting on, embedding,
transmitting, and sharing or otherwise providing electronic media or information via
computer and communication networks; Providing an online network service that enables
users to transfer personal identity data to and share personal identity data with and among
multiple online facilities; Providing information from searchable indexes and databases of
information, including text, electronic documents, databases, graphics, electronic media,
photographic images and audio visual information, on computer and communication
networks; Providing temporary use of non-downloadable software applications for social
networking, creating a virtual community, and transmission of audio, video, photographic
images, text, graphics and data; Providing online facilities that gives users the ability to
upload, modify and share audio, video, photographic images, text, graphics and data
CLASS 45: Online social networking services; Identification verification services, namely,
providing authentication of personal identification information; Social introduction and
networking services; User verification services, namely, providing authentication of company
and personal identification information; Identification verification services, namely, providing
authentication of company identification information
The color(s) white and green is/are claimed as a feature of the mark.
The mark consists of a green speech bubble, outlined in white, with a white telephone in the
center.
OWNER OF U.S. REG. NO. 4359872
SER. NO. 86-983,948, FILED 11-13-2015
Page: 2 of 3 / RN # 5520067




Page: 3 of 3 / RN # 5520067
Reg. No. 5,492,738 WhatsApp Inc. (DELAWARE CORPORATION)

1601 Willow Road
Registered Jun. 12, 2018 Menlo Park, CALIFORNIA 94025
Int. Cl.: 9, 38, 42, 45 communications software for electronically exchanging data, audio, video images and
graphics via computer, mobile, wireless, and communication networks; Downloadable
Service Mark computer software for processing images, graphics, audio, video, and text; Downloadable
software in the nature of a messaging application; Computer software for use in facilitating
Trademark voice over internet protocol (VOIP) calls, phone calls, video calls, text messages, instant
message and online social networking services; Downloadable software in the nature of a
Principal Register mobile application for messaging; Computer software for creating, editing, uploading,
downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking,
annotating, indicating sentiment about, commenting on, embedding, transmitting, and sharing
or otherwise providing electronic media or information via computer and communication
networks; Software for sending and receiving electronic messages, graphics, images, audio
and audio visual content via global communication networks; Computer software for the
collection, managing, editing, organizing, modifying, transmission, sharing, and storage of
data and information; Computer software for personal information management, and data
synchronization software
via telecommunication networks; Electronic exchange of voice, data, audio, video, text and
graphics accessible via computer and telecommunications networks; Instant messaging
services; Mobile phone communication services; Voice over internet protocol (VOIP)
services; Audio teleconferencing; Teleconferencing services; Video teleconferencing; Web
messaging; Peer-to- peer photo sharing and video sharing services, namely, electronic
transmission of digital photo files, videos and audio visual content among users; Providing
access to computer, electronic and online databases; Telecommunications services, namely,
electronic transmission of data, messages, graphics, images, audio, video and information;
Providing online chat rooms, instant messaging services, and electronic bulletin boards;
Providing access to computer databases in the field of social networking; Providing online
forums for communication on topics of general interest; Providing online communications
links that transfer mobile device and Internet users to other local and global online locations
CLASS 42: Application service provider, namely, hosting, managing, developing, and
maintaining applications, software, and web sites in the fields of wireless communication,
handheld computers, laptops and mobile electronic devices; Development, updating and
maintenance of software and database systems in the fields of wireless communication,

handheld computers, laptops and mobile electronic devices; Providing temporary use of
online non-downloadable software and applications for instant messaging, voice over internet
protocol (VOIP), video conferencing, and audio conferencing; Computer services, namely,
creating an online community for registered users to engage in social networking; Computer
services, namely, creating virtual communities for users to participate in discussions, get
feedback from their peers, and engage in social, business and community networking;
Computer services, namely, hosting electronic facilities for others for interactive discussions
via communication networks; Computer services, namely, hosting electronic facilities for
others for organizing and conducting discussions via communication networks; Application
service provider (ASP) featuring software to enable or facilitate the creating, editing,
uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging,
streaming, linking, annotating, indicating sentiment about, commenting on, embedding,
transmitting, and sharing or otherwise providing electronic media or information via
computer and communication networks; Providing an online network service that enables
users to transfer personal identity data to and share personal identity data with and among
multiple online facilities; Providing information from searchable indexes and databases of
information, including text, electronic documents, databases, graphics, electronic media,
photographic images and audio visual information, on computer and communication
networks; Providing temporary use of non-downloadable software applications for social
networking, creating a virtual community, and transmission of audio, video, photographic
images, text, graphics and data; Providing online facilities that gives users the ability to
upload, modify and share audio, video, photographic images, text, graphics and data
CLASS 45: Online social networking services; Identification verification services, namely,
providing authentication of personal identification information; Social introduction and
networking services; User verification services, namely, providing authentication of company
and personal identification information; Identification verification services, namely, providing
authentication of company identification information
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY

PARTICULAR FONT STYLE, SIZE OR COLOR
OWNER OF U.S. REG. NO. 4083272, 3939463
SER. NO. 86-983,863, FILED 10-29-2015
Page: 2 of 3 / RN # 5492738




Page: 3 of 3 / RN # 5492738
Reg. No. 3,934,743 Facebook, Inc. (DELAWARE CORPORATION)

1601 Willow Road
Registered Mar. 22, 2011 Menlo Park, CALIFORNIA 94025
Renewal Term Begins Mar. CLASS 9: Computer software development tools for social networking, building social
22, 2021 networking applications and for allowing data retrieval, upload, access and
management; application programming interface (API) for third-party software and
10 Year Renewal/Amended online services for social networking, building social networking applications and for
allowing data retrieval, upload, access and management; Software to enable uploading,
Int. Cl.: 9, 35, 38, 41, 42, 45 posting, showing, displaying, tagging, blogging, sharing or otherwise providing
electronic media or information over the Internet or other communications network
Service Mark
Trademark
CLASS 35: advertising and information distribution services, namely, providing
Principal Register 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
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
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
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
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
The mark consists of a stylized "F".
SER. NO. 77-273,570, FILED 09-06-2007
Page: 2 of 3 / RN # 3934743


• First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
• Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application

• You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
The above documents will be accepted as timely if filed within six months after the deadlines listed above with the
payment of an additional fee.

extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use (or
Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO). The
time periods for filing are based on the U.S. registration date (not the international registration date). The
deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally
issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations do not file
renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying international
registration at the International Bureau of the World Intellectual Property Organization, under Article 7 of the
Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the date of the
international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the international
registration, see http://www.wipo.int/madrid/en/.
extensions of protection, you can file the registration maintenance documents referenced above online at
http://www.uspto.gov.
Page: 3 of 3 / RN # 3934743

1601 Willow Road
Registered Feb. 14, 2012 Menlo Park, CALIFORNIA 94025
CLASS 38: Providing access to computer, electronic and online databases;

Amended Apr. 24, 2018 telecommunications services, namely, electronic transmission of data, messages and
information; providing online forums for communication on topics of general interest;
Int. Cl.: 38, 45 providing online communications links which transfer web site users to other local and global
web pages; providing access to web sites for others hosted on computer servers accessible via
Service Mark a global computer network; providing access to third party web sites by enabling users to log
in through a universal username and password via a global computer network and other
Principal Register communication networks; providing online chat rooms and electronic bulletin boards for
transmission of messages among users in the field of general interest; audio, text and video
broadcasting services over the Internet or other communications networks featuring the
uploaded, posted and tagged audio, text and video content of others; audio, text and video
broadcasting services over the Internet or other communications networks, namely,
electronically transmitting audio clips, text and video clips of others
CLASS 45: Identification verification services, namely, providing authentication of personal

identification information
The mark consists of an outline of the term "FACEBOOK" in stylized lettering.
OWNER OF U.S. REG. NO. 3041791, 3122052, 3734637
SER. NO. 77-896,318, FILED 12-17-2009





Page: 2 of 2 / RN # 4099518

1601 Willow Road
CLASS 38: Peer-to-peer photo sharing services, namely, electronic transmission of digital
Amended Apr. 24, 2018 photo files among internet users
Int. Cl.: 38, 41, 42 FIRST USE 8-00-2005; IN COMMERCE 8-00-2005
Service Mark CLASS 41: Providing computer, electronic and online databases in the field of entertainment
and in the fields of secondary, collegiate, social and community interest groups; on-line
Principal Register journals, namely, blogs in the fields of entertainment, education, social, political, cultural,
economic, scientific and general interest; electronic publishing services, namely, publication
of text and graphic works of others via computer and communications networks in the fields
of entertainment, education, social, political, cultural, economic, scientific and general
interest; publishing of electronic publications; entertainment services, namely, providing
temporary use of interactive, multiplayer and single player games for games played via
computer or communication networks; providing information about online computer games
and video games via computer or communication networks; arranging and conducting
competitions for video gamers and computer game players
CLASS 42: Peer-to-browser photo sharing services, namely, providing a website featuring
technology enabling users to upload, view, and download digital photos; providing a web site
featuring technology that enables users to upload and share video, photos, text, graphics and
data; creating and maintaining blogs for others; providing a web hosting platform for use of
non-downloadable software in connection with interactive, multiplayer and single player
games for third parties
The color(s) blue and white is/are claimed as a feature of the mark.
The mark consists of an outline of the term "FACEBOOK" in stylized lettering is inserted.
OWNER OF U.S. REG. NO. 3041791, 3122052, 3734637
SER. NO. 77-896,322, FILED 12-17-2009





Page: 2 of 2 / RN # 4102822

1601 Willow Road
CLASS 35: Compiling of information into computer databases

Amended May 08, 2018
Int. Cl.: 35, 42
CLASS 42: Computer services, namely, creating on-line virtual communities for registered
Service Mark users to organize groups and events, participate in discussions, and engage in social, business
and community networking; computer services, namely, hosting electronic facilities for others
Principal Register for organizing and conducting meetings, events and interactive discussions via
communication networks; application service provider (ASP) services, namely, hosting
computer software applications of others; application service provider (ASP) featuring
software to enable or facilitate the uploading, downloading, streaming, posting, displaying,
blogging, linking, sharing or otherwise providing electronic media or information over
communication networks; providing an online network service that enables users to transfer
personal identity data to and share personal identity data with and among multiple websites;
providing a web site featuring technology that enables online users to create personal profiles
featuring social networking information and to transfer and share such information among
multiple websites; computer services, namely, creating indexes of information, sites and other
resources available on computer networks; providing temporary use of non-downloadable
software applications for social networking, creating a virtual community, and transmission
of audio, video, photographic images, text, graphics and data; computer services in the nature
of customized web pages featuring user-defined or specified information, personal profiles,
audio, video, photographic images, text, graphics and data
Color is not claimed as a feature of the mark.
The mark consists of an outline of the term "FACEBOOK" in stylized lettering.
OWNER OF U.S. REG. NO. 3041791, 3122052, 3734637
SER. NO. 77-896,323, FILED 12-17-2009





Page: 2 of 2 / RN # 4102823

1601 Willow Road
CLASS 38: Providing access to computer databases in the fields of social networking, social
Amended Nov. 06, 2018 introduction [ and dating ]
Int. Cl.: 38, 45 FIRST USE 8-00-2005; IN COMMERCE 8-00-2005
Service Mark CLASS 45: Social introduction, networking [ and dating ] services; providing social services
and information in the field of personal development, namely, self-improvement, self-
Principal Register fulfillment, charitable, philanthropic, volunteer, public and community services, and
humanitarian activities
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





Page: 2 of 2 / RN # 4102824

1601 Willow Road
Registered Nov. 18, 2014 Menlo Park, CALIFORNIA 94025
Amended Apr. 06, 2021 CLASS 9: Computer software to enable accessing, displaying, editing, linking, sharing
and otherwise providing electronic media and information via computer and
Int. Cl.: 9, 38, 45 communication networks; Software for sending and receiving electronic messages,
Service Mark graphics, images and audio content via global communication networks; Computer
software for the collection, editing, organizing, modifying, transmission, storage and
Trademark sharing of data and information; Computer software for personal information
management, and data synchronization software; Telephone-based information retrieval
Principal Register software
CLASS 38: Peer-to-peer photo and data sharing services, namely, electronic
transmission of digital photo files, graphics and audio content among Internet users;
Providing access to computer, electronic and online databases; Telecommunications
services, namely, electronic transmission of data, messages, graphics, images, audio and
information; Providing [ email and ] instant messaging services; Audio, text and video
broadcasting services over the Internet or other communications networks featuring the
uploaded, posted, displayed, modified, tagged, and electronically transmitted data,
information, audio and video content of others; Voice over IP services; Telephony
communication services
CLASS 45: Internet-based social introduction, networking [ and dating ] services ;

Providing on-line computer databases in the fields of social networking, social
introduction [ and dating ]

The mark consists of a white horizontal lightning bolt in the center of a blue speech
bubble.
SER. NO. 86-120,540, FILED 11-15-2013
Page: 2 of 3 / RN # 4639783


• First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
• Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application

• You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
The above documents will be accepted as timely if filed within six months after the deadlines listed above with the
payment of an additional fee.

extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use (or
Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO). The
time periods for filing are based on the U.S. registration date (not the international registration date). The
deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally
issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations do not file
renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying international
registration at the International Bureau of the World Intellectual Property Organization, under Article 7 of the
Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the date of the
international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the international
registration, see http://www.wipo.int/madrid/en/.
extensions of protection, you can file the registration maintenance documents referenced above online at
http://www.uspto.gov.
Page: 3 of 3 / RN # 4639783
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0-@1 12/20/2021 ?53:-@A>1 ;2 -@@;>:1D ;2 >1/;>0 Bonnie E. MacNaughton

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Case 3:21-cv-09797 Document 1 Filed 12/20/21 Page 1 of 21

1 Bonnie MacNaughton (Bar No. 107402)

6 John D. Freed (Bar No. 261518)

10 Attorneys for Plaintiffs

12 UNITED STATES DISTRICT COURT

13 NORTHERN DISTRICT OF CALIFORNIA

14 META PLATFORMS, INC., a Delaware Case No.

1 Facebook, Messenger, Instagram, or WhatsApp. On these websites, Defendants prompted users

12 (“Facebook”). Meta also offers Messenger, an instant messaging app, as a service.

13 4. Plaintiff Instagram, LLC, a subsidiary of Meta, is a Delaware limited liability

17 5. Plaintiff WhatsApp LLC, whose corporate parent is Meta, is a Delaware limited

20 WhatsApp’s service provider for security-related issues.

21 6. Third-party Ngrok Incorporated (“Ngrok”) is a cloud company that provides a

22 variety of services to software developers and technology professionals. Ngrok is a Delaware

1 7. The true identities of Defendants are presently unknown to Plaintiffs. On

5 III. JURISDICTION AND VENUE

9 9. As a result of their phishing scheme, Defendants have access to multiple

13 jurisdiction of this Court.

19 services of Ngrok, which is a San Diego, California-based technology company, to perpetrate

20 their phishing scheme.

25 IV. INTRADISTRICT ASSIGNMENT

8 https://docs.apwg.org/reports/apwg_trends_report_q2_2021.pdf. In 2020, the FBI Internet Crime

11 2020 (Mar. 17, 2021), https://www.ic3.gov/Media/PDF/AnnualReport/2020_IC3Report.pdf. In

14 industry in the second quarter of 2021, after financial institutions. Id.

18 Instagram, and WhatsApp apps.

25 anything that: 1) “is unlawful, misleading, discriminatory, or fraudulent”; or 2) “infringes or

6 users; or request or collect Instagram usernames [or] passwords.” Id.

7 17. WhatsApp is an encrypted messaging application that is used by people and

14 means… exploit [WhatsApp] in impermissible or unauthorized manners, or in ways that … harm

17 disrupt[ing] the safety, security, confidentiality, integrity… of our Services.” Id.

18 C. Plaintiffs’ Intellectual Property

21 Instagram, and WhatsApp in the phishing scheme (“the Trademarks”).

24 certificates for the Trademarks are collectively attached hereto as Exhibit A.

25 MARK REGISTRATION ISSUE INTERNATIONAL

1 INSTAGRAM 4856047 11/17/2015 42

2 INSTAGRAM 4827509 10/06/2015 45

1 4639783 11/18/2014 9, 38, 45

1 Figure 1: Phishing Website using Ngrok URL http://9747199d.ngrok.io/dashboard/

13 Figure 2: Authentic Facebook Login Page

1 Figure 3: Phishing Website in Italian using Ngrok URL http://facebook.in.ngrok.io/

12 Figure 4: Authentic Facebook Login Page in Italian

1 Figure 5: Phishing Website using Ngrok URL https://d32831ea3827.ngrok.io/login.html

15 Figure 6: Authentic Messenger Login Page

1 Figure 7: Phishing Website using Ngrok URL

15 Figure 8: Authentic Instagram Login Page

2 Figure 9: Phishing Website using Ngrok URL https://ce3568da7eeb.ngrok.io/login.html

14 Figure 10: Authentic Instagram Login Page

1 Figure 11: Phishing Website using Ngrok URL https://38ad1bb93210.ngrok.io/

11 Figure 12: Authentic Instagram Login Page

1 Figure 13: Phishing Website using Ngrok URL https://b71ef0393d7a.ngrok.io/

1 VI. CAUSES OF ACTION

3 Anti-Phishing Act (Cal. Bus. & Prof. Code § 22948)

4 25. Plaintiffs re-allege and incorporate herein each paragraph above.

6 falsely represented themselves to be Facebook, Messenger, Instagram, or WhatsApp, without

10 to provide their account credentials.

13 losses in an amount to be determined.

21 pursuant to Cal. Bus. & Prof. Code § 22948.3(c)(2).

24 SECOND CAUSE OF ACTION

25 Breach of Contract (by Meta)

3 between Instagram users and Meta.

7 Messenger, and Instagram services.

9 the ToS and the ToU.

12 and Instagram LLC’s intellectual property rights.