In July, ASU became aware of an Instagram account repeatedly promoting COVID-19 parties for when students returned for the fall semester. The account urged followers to avoid social distancing and face coverings, and included ASU trademarks and school colors while promoting behaviors such as COVID parties that create a risk to public health. We believe the ongoing postings violate Facebook’s and Instagram’s own COVID-19 related guidelines that are meant to “protect people from harmful content” and “content that has the potential to do real world harm.”

The university initially tried to resolve this matter directly with Instagram and by a direct Instagram message to the owner of the account. We then turned to U.S. District Court, as the Arizona Board of Regents on our behalf filed a complaint against the account owner and against Facebook, which owns and operates Instagram. 

While the identity of the account owner is still shielded, and will hopefully become known through the litigation, there are indications that the account is operated by a person (or persons) who may be acting from Russia.  The account is intentionally seeking to disrupt the operations of the university using ASU's trademarks. "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," said ASU President Michael Crow.

This is a matter of federal trademark infringement, false advertising, and trademark dilution under Arizona law. We believe Instagram is contributing to the infringement of ASU’s federal trademark rights despite having knowledge of the infringement and the ability to stop it. ABOR and the university seek a temporary restraining order and, ultimately, a permanent injunction to have this account removed from Instagram.

As a reminder, our health guidance on social gatherings for the fall semester includes wearing face coverings and practicing physical distancing. If the university is made aware of social gatherings taking place off campus purposefully designed to disregard public health protocols, the university will take action. Individuals or groups choosing to ignore the rules not only jeopardize their own health, but the health of others and will be subject to appropriate disciplinary action under the Student Code of Conduct. We need all members of the ASU community to do their part and adhere to public health guidelines in order to have a successful semester.

Update:

We have learned that the Instagram account has been removed. Before filing suit, ASU pointed out that the account violated Facebook’s and Instagram’s own guidelines, yet they still refused to remove the account. It took a lawsuit for Facebook to take action and acknowledge the obvious violation of its own rules. Absent Facebook’s full cooperation in providing all details regarding this account and a commitment to prevent further similar postings, ASU will be pursuing the litigation.