The federal district court in Los Angeles has now issued its written order on volunteer Ryan Holliday’s anti-SLAPP motion and motion to dismiss. A copy of the order is available here. The order is consistent with our prior report following the hearing on November 19. In the order, the court noted that Internet Brands abandoned its federal Lanham Act claim. That claim was based on the factual allegation that the Foundation was operating a new travel wiki called “Wiki Travel Guide,” which Ryan showed to be incorrect. After being required to respond to Ryan’s motion, Internet Brands was forced to admit that the basis of its claim was primarily predicated on an assumption. Noting that this Lanham Act claim was the only claim supporting federal jurisdiction, the court dismissed the remainder of Internet Brands’ case and found Ryan’s anti-SLAPP motion to be moot.

While we had hoped that the court would reach the merits of Ryan’s anti-SLAPP motion, the dismissal of the entire suit nonetheless represents a victory for Ryan and volunteer James Heilman (who was also named in the suit). We congratulate both of them on this result.

Meanwhile, the Wikimedia Foundation is proceeding forward with its lawsuit against Internet Brands in San Francisco. Internet Brands has filed a demurrer (motion to dismiss), the hearing for which has been postponed to December 14. The court has issued a tentative ruling on that motion, which is available here. In the tentative ruling, the court indicates that it is inclined to rule against Internet Brands. We will update you further after the hearing.

Geoff Brigham, General Counsel