Mr. Chollet:It would appear today's correspondence confirms that Meta is seemingly aware of xNY.io's general concern.
- Meta has no real advantage questioning xNY.io's relationship with Moscow Exchange. Understand, xNY.io did not file USPTO application(s) seeking approval for a mark that is defined near exact to that of Moscow Exchange.
- Furthermore, on March 17, 2022 Sber announced digital asset issuance. This is one day before Meta's March 18, 2022 USPTO submission for mark approval relating to digital assets.
- Meta's board of directors may understand xNY.io's general concern of coordination and/or lack of coordination that could risk global digital asset marketplace purity.
- xNY.io asks not whether Meta's mark would damage the market for the Moscow Exchange (by, for example, devaluing it through parody or criticism), but whether it usurps the market by offering a competing substitute, potentially causing significant damage to digital asset purity and blockchain software technology innovation.
Mr. Chollet, the last point is key to resolving any question of xNY.io's relationship with Moscow Exchange. xNY.io's March 24, 2022 memo to Meta is clear and honest. We expect that Meta will not aim to muddy the waters on this important concern forward.With all due respect, Meta’s board of directors may understand xNY.io cannot logically accept that the recent USPTO applications are not a marketplace manipulation exercise at xNY.io’s overall expense. Meta’s board of directors must ask itself, to the best of its knowledge, information, and belief, if further inquiry is reasonable under the circumstances?Respectfully,Gunnar LarsonOn Fri, Apr 1, 2022 at 4:21 PM Chollet, Nicki <NChollet@kilpatricktownsend.com> wrote:Dear Gunnar,
We write to confirm we represent Meta Platforms, Inc. in connection with this matter. Please direct all further correspondence on this matter to our attention.
We received your letter dated March 24, 2022 and your follow up from this morning. We reviewed your correspondence, however, we are unable to determine the merits of your claim. Specifically, your letter does not provide any information regarding a specific application or registration being asserted or any evidence of your relationship with any entity owning rights in the alleged Moscow Exchange mark. Before we can properly evaluate or respond to your claim, you will need to provide additional details regarding the basis for your claim and documentation of your relationship with Moscow Exchange or ownership in the Moscow Exchange mark.
Meta Platforms reserves all rights.
Sincerely,
Nichole Davis Chollet
Kilpatrick Townsend & Stockton LLP
Suite 2800 | 1100 Peachtree Street NE | Atlanta, GA 30309-4528
office 404 815 6010 | cell 404 906 6948 | fax 404 541 3387
nchollet@kilpatricktownsend.com | My Profile | VCard
From: Gunnar Larson <g@xny.io>
Sent: Friday, April 1, 2022 7:23 AM
To: investor@fb.com
Cc: MetaProsecution <MetaProsecution@kilpatricktownsend.com>; cypherpunks <cypherpunks@lists.cpunks.org>
Subject: Re: Meta Platforms, Inc. Board of Directors - USPTO, Digital Assets and Moscow Exchange
Dear Meta Board of Directors:
It has been eight days since our original correspondence, seeking clarity between Meta's logo and the Moscow Exchange logo.
Offering Meta the benefit of the doubt, noting this could simply be some misunderstanding ... We seek Meta's clarification by 5:00pm today, Friday April 1, 2022.
Respectfully yours,
Gunnar Larson
On Thu, Mar 24, 2022 at 5:20 PM Gunnar Larson <g@xny.io> wrote:
Dear Meta Board of Directors:
Please find the attached memo addressed to your attention.
- Today’s correspondence is to kindly submit xNY.io’s overall concern of Meta Platforms, Inc. and Moscow Exchange mark similarities, specifically, both marks seemingly resemble a geometric design consisting of two loops and/orovals touching or intersecting.
xNY.io kindly asks Meta’s Board to respond by Friday, March 25, 2022 at 5:00pm EST.
Respectfully yours,
Gunnar Larson
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