Reddit Defeats Lawsuit Over WallStreetBets Subreddit–Rogozinski v. Reddit

This is one of those oh-so-stupid hard-eyerolling lawsuits that I blog for coverage purposes, but I blog it joylessly and with annoyance at the wasted time. I previously summarized this case:

Jaime Rogozinski, a/k/a “jartek,” created the r/WallStreetBets subreddit, which became notorious for (among other lowlights) its role as a venue for hyping meme stocks like Gamestop. Rogozinski sought a trademark registration for the term “WallStreetBets” and published a book with the term in the title. In response, Reddit temporarily suspended his account and terminated his moderator privileges for attempting to monetize a community. Reddit also sought its own trademark registration for WallStreetBets. Rogozinski sued Reddit over the trademark and for removing his moderator privileges.

The Ninth Circuit uncerimonously dismisses the case in a brief memo opinion.

The panel says that Rogozinski doesn’t have any trademark interest in the term “WallStreetBets”:

Rogozinski does not allege that he had previously used WALLSTREETBETS in commerce prior to its use on the r/WallStreetBets subreddit; and by Rogozinski’s own allegations, it was Reddit that created and provided the services that enabled Reddit’s many users to contribute to the discussion on the r/WallStreetBets subreddit by, for example, posting and engaging with one another about various trading strategies.

Section 230 precludes his ancillary state-law claims, such as the publicity rights claim, over user content posted after Rogozinski lost control over the subreddit. Rogozinski’s weak 230 workaround attempt doesn’t go anywhere:

the only allegation in the Complaint suggesting that Reddit was even partially responsible for content posted on r/WallStreetBets after Rogozinski’s suspension is that Reddit once “partnered” with r/WallStreetBets moderators to provide users with digital artwork. But that is not enough to state a right-of-publicity claim because nothing in that artwork is alleged to have had any “uniquely distinguishing features” that made the offending content “peculiar to” Rogozinski.

[The last sentence cites to the classic Motschenbacher case involving the distinctive orange race car featured in the Winston cigarette TV commercial].

The contract-related claims fail because Reddit didn’t violate any of its promises, given that Reddit’s TOS had a standard “we can do whatever we want” provision.

The whole meme stock phenomenon is super-interesting, but this particular case devolved into a banal and rather routine failed account termination lawsuit.

Case Citation: Rogozinski v. Reddit, Inc., 2025 WL 1650019 (9th Cir. June 11, 2025)