Cook
Cook v. Meta Platforms, Inc., f/k/a Facebook, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
6 JENNIFER L. COOK Case No.: 4:22-cv-02485-YGR 7 Plaintiff, ORDER DENYING MOTION TO DISMISS 8 vs. 9 Dkt. No.: 47 META PLATFORMS INC.,
Defendant. 12 Before the Court is defendant Meta Platform Inc.’s (“Meta”) motion to partially dismiss the First Amended Complaint (“FAC”). The only claim at issue is plaintiff’s claim that defendant violated 15 U.S.C. section 1125, the Lanham Act. This Court granted plaintiff leave to amend to more clearly articulate the basis of this claim. For the reasons given herein, the Court finds plaintiff has adequately alleged her Lanham Act claim and denies the motion to dismiss. I. BACKGROUND The Court incorporates the facts alleged in the first motion to dismiss and summarizes the critical allegations here. (Dkt. No. 40.) Defendant owns the social media website Facebook. Facebook’s primary source of profit comes from advertising. Plaintiff is an artist who has created copyrighted works including sculptures which she sells online, though not on Facebook. She alleges…