Maffick LLC v. Facebook Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 MAFFICK LLC, Case No. 20-cv-05222-JD

Plaintiff,

ORDER RE MOTION TO DISMISS

v. AND SPECIAL MOTION TO STRIKE

FACEBOOK, INC., Re: Dkt. Nos. 34, 35 Defendant.

Plaintiff Maffick LLC runs social media pages on defendant Facebook, Inc.’s platform. These pages consist of “In the Now,” “Waste-Ed,” and “Soapbox.” Facebook concluded that Maffick was under the editorial control of the Russian government, and posted an advisory comment on the Maffick pages identifying them as “Russia state-controlled media.” Maffick objected to this characterization, and sued Facebook predominantly on California state law claims of defamation, interference with contractual and economic relations, and unfair competition under Cal. Bus. & Prof. Code Section 17200 et seq. (UCL). Dkt. No. 1. It also alleged a claim under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), which is the sole basis for subject matter jurisdiction in this…