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CIVIL ACTION
NO. 08-3630
M E M O R A N D U M
EDUARDO C. ROBRENO, J.
I.
BACKGROUND
Pro se Plaintiff Gordon Roy Parker, an individual who
Lanham Act, Fair Housing Act, and Antitrust law stemming from
this television program.
1.
2.
In connection
Antitrust violations.
Tortious Interference.
II.
claim upon which relief can be granted, the Court must accept as
true all allegations in the complaint and all reasonable
inferences that can be drawn therefrom, and view them in the
light most favorable to the non-moving party.
DeBenedictis v.
Merrill Lynch & Co., Inc., 492 F.3d 209, 216 (3d Cir. 2007)
(quotation omitted).
The [f]actual
224, 232 (3d Cir. 2008) (quoting Bell Atl. Corp. v. Twombly, 550
U.S. 544, 555 & n.3 (2007)).
2003).3
B.
Analysis
1.
Inc., 165 F.3d 221, 233 (3d Cir. 1998) (citing Associated Gen.
Contractors of California, Inc. v. California State Council of
Carpenters, 459 U.S. 519, 538, 540, 542, 543, 544)).
In Conte, the Third Circuit affirmed the district
courts dismissal of plaintiffs complaint, concluding that
plaintiffs lacked standing to sue under the Lanham Act.
224.
Id. at
Plaintiffs contended
Id.
Id. at 234.
Id. at 234-35.
Second,
Id. at 235.6
Id.
Id.7
As
sue under the Lanham Act. In Serbin, the Third Circuit held that
plaintiff consumers whose purchases were influenced by false
advertising lacked standing to sue under the Lanham Act because
defendants conduct was not directly related to plaintiffs
injuries. Id. at 1177. In Conte the Third Circuit commented
that although the plaintiffs in Serbin ultimately lacked standing
to sue, the Conte plaintiffs injuries were even further
attenuated from the Conte defendants conduct than was the Serbin
plaintiffs injuries in comparison to the Serbin defendants
conduct. 165 F.3d at 235.
7
Finally,
lacks standing to assert this claim under the Lanham Act, his
claim on this ground is dismissed.
2.
-9-
debuted and defined both the term pivot and the underlying
concepts behind the theory in his 1999 book 29 Reasons Not to Be
a Nice Guy. Id. at 46.
-10-
Dastar Corp. v.
In
Id.
The
Court held that because the origin of goods was the actual,
tangible videotapes produced, and not the ideas or concepts
within the videotapes, the plaintiffs claim failed the origin
of goods prong.
This principle was applied in Schiffer Publg, Ltd. v.
Chronicle Books, LLC, 350 F. Supp. 2d 613, 618 (E.D. Pa. 2004).
In Schiffer Publg, the court held that false designation of
origin did not arise where the defendant published a textile book
containing plaintiffs copyrighted photographs.
Id.
Id.
-11-
Just as
Cir. 1986).
Here, Plaintiff alleges that he has a first use
trademark to the use of the term pivot in commerce related to
seduction-advice, but then notes that the work has acquired a
secondary meaning as applied to seduction.
-12-
(Pl.s Compl. at 56
and 48).
Id.
Google users searching for Plaintiffs site would find Ray FAQ
and believe that Plaintiff created the site.
Id.
However,
Id.
As in
-13-
ground is dismissed.8
3.
Plaintiff
(Pl.s Compl. at
134).
Under the Fair Housing Act, discrimination is the sale
or rental of housing is prohibited on the basis of race, color,
religion, sex, familial status, or national origin.
3601-3631.
42 U.S.C
42 U.S.C.
Rather
4.
Antitrust Violations
-15-
15 U.S.C. 2.
United
To support an inference of
Barriers may
Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S.
209, 224 (1993)).
Plaintiff brought a similar antitrust claim, premised
upon market share abuse, which was rejected by the District of
Delaware.
In Parker, Plaintiff
Id.
Id. 669.
at 677.
-17-
5.
Tortious Interference
Because
10
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CIVIL ACTION
NO. 08-3630
O R D E R
AND NOW, this 11th day of March 2009, upon
consideration of Defendants Motion to Dismiss (doc. no. 4) and
AND IT IS SO ORDERED.
S/Eduardo C. Robreno
EDUARDO C. ROBRENO, J.