Judge: Facebook Not Liable For App's Potential Trademark Infringement

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A federal judge has handed Facebook a victory in a copyright and trademark infringement lawsuit brought by Daniel Miller, developer of the online game Boomshine.

Miller alleged that Facebook unlawfully allowed another developer to offer the app ChainRxn which, he contended, closely resembles his game. But in a ruling issued Wednesday, U.S. District Court Judge William Alsup held that Miller hadn't sufficiently fleshed out his complaint.

"Plaintiff alleges that he did not authorize defendant Facebook to copy, display or distribute infringing copies of Boomshine. Plaintiff, however, does not allege sufficient factual allegations to suggest how defendant Facebook copied, displayed or distributed infringing copies of Boomshine," Alsup wrote in an order dismissing the complaint against Facebook.

Miller, a resident of Marietta, Ga., sued Facebook and the developer of ChainRxn, Yao Wei Yeo (who does business as Zwigglers Apps), last year. He alleged that ChainRxn "copies the look and feel of Boomshine by incorporating almost every visual element of the game."

Miller said in his court papers that he asked Facebook to remove the ChainRxn app last year and also asked the developer to take it down. The developer allegedly responded by preventing Miller or any of Miller's Facebook friends from accessing ChainRxn.

Alsup ruled that Miller alleged sufficient facts to show that Zwigglers potentially infringed copyright, but not to show that Facebook should be held liable for contributing to the infringement.

Alsup specifically rejected Miller's argument that Facebook induced infringement by allegedly refusing to take down ChainRxn. "The complaint fails to allege what exactly defendant Facebook published on its website, making it impossible to determine what it refused to remove from its website," Alsup wrote.

He added that Miller's allegation that Facebook induced infringement "is a legal conclusion disguised as a factual allegation."

Alsup also ruled that Miller can't file an amended complaint unless he can show exactly why "each new claim overcomes the deficiencies" of the complaint that was dismissed.

As of Friday, an app for ChainRxn was still available through Facebook.

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