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TrafficSchool.com, Inc. v. Edriver, Inc.

653 F.3d 820 (2011)

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TrafficSchool.com, Inc. v. Edriver, Inc.

United States Court of Appeals for the Ninth Circuit
653 F.3d 820 (2011)

  • Written by Philip Glass, JD

Facts

The owner of the for-profit website DMV.org (defendant), which featured truthful content intertwined with misleading claims, misled several online users into thinking their state’s department of motor vehicles operated the website. TrafficSchool.com, Inc., and Drivers Ed Direct, LLC (TrafficSchool and Drivers Ed) (plaintiffs) sued DMV.org for unfair competition and false advertising. The district court ruled in favor of TrafficSchool and Drivers Ed, permanently enjoining DMV.org to present a splash screen to online visitors that disclaimed association with any state’s department of motor vehicles. The district court took note of the fact that DMV.org had taken measures to remove deceptive claims before the injunction. The splash screen averted traffic from DMV.org and impeded the site’s search-engine-optimization efforts. DMV.org appealed to United States Court of Appeals for the Ninth Circuit, alleging that the court’s injunction unnecessarily burdened protected speech under the First Amendment.

Rule of Law

Issue

Holding and Reasoning (Kozinski, J.)

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