Inadequately Amend Your Complaint, End Your Complaint
From Jackson v. Robinhood Markets, Inc., decided today by Magistrate Judge Laurel Beeler (N.D. Cal.):
The plaintiff O’Shea Jackson, known professionally as Ice Cube, sued Robinhood, a financial- services company, after Robinhood used his image and a paraphrase of a line from his song, “Check Yo Self.” The graphic and caption illustrate Robinhood’s online article describing a market correction for tech stocks. The original line from Ice Cube’s song is “Check yo self before you wreck yo self,” which Robinhood paraphrased as “Correct yourself before you wreck yourself.” “Check yo self” is also Ice Cube’s catchphrase. He claims that by using his image and catchphrase, Robinhood created the false and deceptive commercial impression that Ice Cube endorses Robinhood’s services and violated the Lanham Act. 15 U.S.C. § 1125(a)(1)(A). The court previously dismissed the case … because the plaintiff did not plausibly plead that Robinhood’s use of Ice Cube’s identity suggested his endorsement of Robinhood’s products. The amended complaint does not cure the previous complaint’s deficiencies. The court thus grants Robinhood’s motion to dismiss….
The previous dismissal order summarized the allegations about the alleged endorsement. In short, Robinhood is a financial-services company that allows commission-free trades of stocks and exchange-traded funds on a mobile app. Ice Cube is a well-known rapper, actor, entrepreneur, and social activist. Robinhood has a website called Robinhood Snacks, where it publishes new
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