In Pro Search Plus, LLC v. VFM Leonardo, Inc., Central District of California Judge Josephine Staton dismissed some of the monopoly claims brought by online booking company Pro Search Plus against Canadian rival VFM Leonardo Inc. Pro Search claims that VFM violated the Sherman Act, Lanham Act, and the Copyright Act when it allegedly engaged in anti-competitive behavior, such as tying products together and erecting barriers to switching providers. The court has previously dismissed plaintiff’s Sherman and Lanham Act claims because Pro Search did not make clear whether Pro Search is more like the “printer/publisher” or the “author” of the digital images and rich media it distributes. Following the dismissal, Plaintiff amended its complaint to add a copyright infringement claim. Judge Staton, however, dismissed the Lanham Act claim in plaintiff’s second amended complaint with prejudice because Pro Search did not address how the addition of its copyright claim affects its Lanham Act claim, despite the fact that VFML moved to dismiss on this ground. The court also dismissed plaintiff’s Sherman Act claim, but without prejudice.
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