Facebook can no longer use Meta brand in Brazil

This is a machine translation of a press release by Brazil's Meta

The São Paulo Court of Justice determined – unanimously – that Facebook stop improperly using the Meta brand in Brazil. 

In a ruling this Wednesday, February 28th, judges Azuma Nishi, Fortes Barbosa and Cesar Ciampolini also decided that the US company permanently inform in its communication channels aimed at the country that the name Meta belongs to a Brazilian company without any connection to the Facebook Group. The US company has 30 days to comply with the court order.

The decision followed a request from META®️, a digital transformation consultancy that has used this brand for 34 years. The company, founded in 1990, requested registration for the brand in 1996, granted by the INPI in 2008. More than a decade later, in 2021, it was surprised by the adoption of the name Meta by the Facebook Group, with an indiscriminate use in Brazil without any registration for such use, generating unprecedented confusion, losses and demands for the company that originally owns the brand in different spheres, such as legal, administrative, technological and reputational, which have worsened over time. To name a few:

- There are already 143 legal proceedings in which META®️ is mistakenly listed as a defendant, in cases that should have been aimed at the US company.

The legal body of the Brazilian company had to intensify its operations before the Judiciary, since the number of actions previously existing was tiny compared to the volume of cases it started receiving. In this context, it is noteworthy that in recent months 49 hearings have been scheduled in processes related to Facebook, in which Meta was or will have to be present.

- META®️ has also received several extrajudicial notifications about problems related to Facebook, Instagram or WhatsApp, such as letters from Procon requesting action in response to complaints from users of these networks and notifications in administrative procedures to present a defense or letters sent by the Civil Police and Power Judiciary, requesting breach of confidentiality and blocking of accounts on Instagram and Facebook.

- On the official META®️ channels on the internet, hateful messages, complaints and inappropriate requests are received from people who thought they were referring to the US company.

- On company's evaluation portals, such as Glassdoor and Reclame Aqui, META®️ has been negatively confused with the US company, which has been disrupting the recruitment and selection processes of people.

In the trial, the Judges highlighted that META®️ registration in Brazil has existed for more than a quarter of a century and warned that foreign companies also need to follow Brazilian legislation if they want to operate in the country.

According to the Judges, the confusing scenario not only affects consumers, but also public bodies, such as Procons, police stations and even the Judiciary. To support the decision, the judges mentioned the significant number of legal actions against the US company that are incorrectly directed at META®️, which have been growing continuously, considering the hundreds of millions of users that Instagram, WhatsApp and Facebook have in the country.

Faced with this scenario, the Judges recognized the impossibility of peaceful coexistence, and that the exclusivity right of the person who first filed the trademark registration must prevail.

META®️ clarifies that it continues to work hard with its more than 3 thousand employees to serve its 300 customers distributed in 8 countries in the Americas and Europe. “This court decision highlights the journey of Meta, a company we founded in 1990, and demonstrates the delivery of value we bring to society, by realizing our purpose of using technology to promote human growth and enhance business”, says Telmo Costa, CEO and founder of META®️.

About Meta

Meta is a technology and innovation company, focused on digital transformation (DX), which works from defining digital strategy to delivering complete technological solutions, placing the human being at the center of all projects.

With 34 years in the market, the company operates globally: there are 300 customers in more than 8 countries, with a team of more than 3 thousand people. Meta's role is to simplify digital transformation (DX), creating a journey that starts from where the customer is, understands what their challenges are and works in partnership with them to achieve results for their business.