Theme Promotions, Inc. v. News America FSI

MEMORANDUM **

I.

Theme Promotions, Inc. (Theme) appeals the district court’s rulings dismissing some of its claims and awarding summary judgment on others to defendant News America FSI, Inc. (News). We have jurisdiction under 28 U.S.C. § 1291 . We affirm the award of summary judgment on the Lanham Act claim but reverse as to all the other claims.

Because the parties are familiar with the facts, we do not recite the details here. We review orders granting a motion to dismiss de novo. See Big Bear Lodging Ass’n v. Snow Summit, Inc., 182 F.3d 1096 , 1101 (9th Cir.1999). Antitrust cases do not require a heightened form of pleading. See Knevelbaard Dairies v. Kraft Foods, Inc., 232 F.3d 979, 984 (9th Cir. . 2000). Antitrust laws are designed to protect “competition, not competitors” so the plaintiff must have suffered injury “in the market where competition is being restrained.” American Ad Mgmt., Inc. v. General Tel. Co., 190 F.3d 1051 , 1055-57 (9th Cir.1999) (internal citation omitted).

The district court dismissed Theme’s original complaint for two reasons: (1) failure to identify the market in which both Theme and News operated and (2) failure to allege antitrust injury, that…