Meta Platforms, Inc. v. Arowokoko

Background

Meta Platforms, Inc. and Chime Financial, Inc. sued Arafat Eniola Arowokoko and Arowokoko Afeez Opeyemi. The plaintiffs alleged that the defendants used Facebook and Instagram accounts to impersonate Chime, use Chime’s trademarks without authorization, promote fake financial services, direct users to phishing websites, and obtain Chime users’ login credentials. The complaint asserted trademark infringement under the federal Lanham Act and breach of contract.

The defendants were described as Nigerian citizens and residents. The plaintiffs said they could not serve them because they could not locate physical addresses. Local counsel in Nigeria searched government websites and social media platforms but did not find those addresses. The plaintiffs therefore asked for permission to serve the complaint and summons by email at two addresses that the defendants had verified and added to their Facebook accounts in 2021. Emails previously sent to those addresses did not bounce back or return as undeliverable.

Legal standard

Federal Rule of Civil Procedure 4(f)(3) permits a court to authorize service on an individual in a foreign country by means not prohibited by an international agreement. The method must also be reasonably calculated to give the person notice of the lawsuit and an opportunity to respond. The court explained that email can be an authorized alternative method of service when those requirements are met.

Court’s analysis

The court found that no international agreement governing service in Nigeria prohibited service by email. It also found that the proposed email addresses were likely associated with the defendants because they were verified through Facebook accounts allegedly used in the conduct at issue, had been added during the same period as the alleged activity, and had accepted earlier emails without returning them as undeliverable. Because the plaintiffs could not identify physical locations for service, the court concluded that email service was reasonably likely to notify the defendants.

Disposition

The court granted the plaintiffs’ motion for leave to serve the complaint and summons by email. It ordered the plaintiffs to immediately serve Arowokoko at qiawxn3554@camrew.com and Opeyemi at lekkispender@gmail.com, with return receipt requested, and to file proof of service. The order decided how the defendants could be served; it did not decide the underlying trademark or contract claims.