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The Arizona State University Board of Regents is suing Facebook and an Instagram account, claiming the school’s trademarks were illegally used to attempt to throw a COVID-19 party during the pandemic and to claim the virus is a hoax.
ASU claims Instagram account asu_covid.parties promoted a “Hoax-19” party, claiming the disease is “a big fat hoax,” and spread misinformation about COVID-19.
“This unauthorized use of ASU’s trademarks and trade dress not only harms ASU, but if not enjoined is also likely to endanger the health of the university community,” the lawsuit states.
The ASU lawsuit adds there has already been one sentence of confusion regarding the university’s affiliation with the Instagram account. An alumnus threatened to cut off support for ASU because they had the impression the account’s messages were sanctioned by the university.
Students began classes Aug. 20, according to the lawsuit.
Some students are attending in-person classes, AZCentral reported.
Around July 19, defendant John Doe — whose identity and location are unknown — allegedly created the Instagram account using ASU colors and logo and shared a message that read, “No more social distancing. No more masks. It is time to party!”
On July 20, the account reportedly promoted its first COVID1-19 party, nicknamed “Hoax-19.” Similar posts were added over the following days.
The account claims the profits from the party “will be used to acquire hydrochloroquine to treat Covid-19,” according to the lawsuit.
ASU claims the account used the school’s marks, colors trade dress and other misleading representations “that are likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of” the account with ASU.
Doe has also made offensive and false statements about ASU, according to the lawsuit.
The account allegedly has posted false information and statements about the university including a post claiming the account owner “won a battle in court” and that ASU was ordered to pay its legal fees and $500,000 in damages.
However, no such lawsuit or judgment exists, the plaintiff says.
In addition, several posts on the account liken ASU and its leadership to Nazis, “referring to ASU’s President Crow as Führer Crow and comparing ASU’s mask requirement to forcing Jews to wear a yellow Star of David,” the lawsuit says.
The lawsuit maintains that Instagram’s Community Guidelines speak of the desire to “protect people from harmful content,” to “remove content that has the potential to contribute to real-world harm.”
Plaintiff’s counsel submitted a trademark infringement report about the Instagram account Aug. 12. But on Aug. 14, Instagram responded that “the reported party appears to be using your trademark to refer to or comment on your goods and services” and said it wouldn’t take action on the account, the lawsuit states.
ASU’s attorney responded, citing specific examples of the infringement, but again Instagram allegedly responded it would not remove the posts or account.
“At a minimum, Facebook has remained willfully blind to the specific instances of infringement in the face of ASU’s infringement reports and is allowing the infringement to continue unabated,” the lawsuit says, adding that the social media giant’s failure to act will “continue to cause irreparable harm” to the university.
The account appears to have been deleted from Instagram on Friday night, ABC15 reported. Facebook told the Arizona Republic the account was in violation of its policies, but said it disagrees the account violated any potential ASU trademark rights.
“We simply cannot and will not allow the institution and its trademarks to be used for the manipulative and inappropriate purposes of those who cowardly hide behind social media collaborators like Instagram,” ASU president Michael Crow said in a statement, according to ABC15.
The ASU Board of Regents seeks a temporary, preliminary and permanent injunction against the defendants stopping them from any further use of university trademarks and trade dress; damages in an amount to be determined at trial; an award of profits derived from the alleged infringement and false advertising; attorneys’ fees; “an award against the John Doe defendant for damages and profits arising out of the willful dilution of the ASU Marks;” court costs; and any other relief the Court deems appropriate.
The regents also demand a jury trial.
Were you invited to or did you attend a COVID-19 “hoax” party at ASU? Tell us about it in the comments.
The plaintiff is represented by Glenn S. Bacall and Sean D. Garrison of Bacal Law Group PC d/b/a Bacal & Garrison Law Group.
The ASU COVID-19 Party Lawsuit is Arizona State University Board of Regents v. John Doe, Case No. 2:20-cv-01638, in the U.S. District Court for the District of Arizona.
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