Fashion Law Journal
Meta Platforms, Inc. (“Meta”) and Christian Louboutin S.A.S. (“Louboutin”) have taken decisive legal action against Cesar Octavio Guerrero Alejo, a resident of Culiacán, Sinaloa, Mexico, who has been operating an extensive counterfeiting operation on Facebook and Instagram. The joint lawsuit, filed in the United States District Court for the Northern District of California, alleges serious breaches of Meta’s terms and willful infringement of Christian Louboutin’s intellectual property rights.
Background:
Since at least June 2020, Guerrero Alejo has exploited digital platforms, primarily Facebook and Instagram, to promote and sell counterfeit Christian Louboutin products. This illicit operation continued until at least May 2023, violating Meta’s Terms of Service and Instagram’s Terms of Use. Despite Meta’s enforcement efforts, Guerrero Alejo persisted in using the platforms to sell counterfeit goods and unauthorized use of Louboutin’s registered trademarks.
Defendant’s Alleged Acts:
The complaint outlines multiple violations by Guerrero Alejo, including breaching Meta’s contracts, violating federal statutes (15 U.S.C. § 1125(a) and (c), and 15 U.S.C. § 1114), engaging in unfair competition under California law (Cal. Bus. & Professions Code §§ 17200), and common law infringement and unfair competition in the State of California.
Guerrero Alejo’s actions include the willful infringement of Louboutin’s marks through false designation of origin, dilution, and the promotion, advertising, and sale of counterfeit merchandise. These acts not only undermine the integrity of Meta’s platforms but also damage the reputation and exclusivity of the globally recognized Christian Louboutin brand.
The plaintiffs seek a comprehensive judgment against Guerrero Alejo, including a permanent injunction restraining him and affiliated parties from accessing Meta’s services, creating or maintaining accounts violating the terms, and engaging in activities that contravene the terms. The injunction also prohibits the use of Louboutin marks or any similar marks in connection with products, services, advertising, marketing, or on social media.
The legal action further requires Guerrero Alejo to destroy remaining inventory and submit a detailed compliance report. The plaintiffs are seeking various forms of relief, including restitution, disgorgement, treble damages, costs, reasonable attorneys’ fees, investigators’ fees, pre-judgment interest, and any other relief deemed just and proper by the Court.
