Facebook’s “Russia State-Controlled Media” Disclosure Doesn’t Violate the Lanham Act–Maffick v. Facebook
The Lanham Act false association claim isn’t difficult. The court says it can’t tell what business Maffick is in or how Maffick’s content promotes the sale of any goods. “Nor does the complaint plausibly allege that Facebook’s Russian state-controlled media advisory label was commercial conduct that diverted sales away from Maffick, allowed Facebook to profit from Maffick’s business goodwill, or otherwise amounted to the type of unfair conduct prohibited by Section 43(a).” The label doesn’t represent the origin of Facebook’s goods, either.
The Lanham Act false advertising claim is also a loser. Among other things, the label isn’t Facebook’s ad or commercial promotion, nor did Maffick show how the label caused it a commercial injury. There’s some discussion of standing pursuant to Lexmark, if you’re into that sort of thing.
Reminder: John Ulin and Amy Nashon Stalling of Troy Gould are representing Maffick. #MAGA/#MRGA.
Case citation: Maffick LLC v. Facebook, Inc., 2021 WL 1893074 (N.D. Cal. May 11, 2021)