Marriott International is entitled to $500,000 in statutory damages against defendant Dynasty Marketing Group (DMG) for willfully infringing Marriott’s trademark by impersonating Marriott telemarketers in its robocalling phone solicitations (see 2212300004), said a report and recommendation signed Monday by U.S. Magistrate Judge John Anderson for Eastern Virginia in Alexandria.

Denying the FTC’s preliminary injunction to block Meta’s Within Unlimited buy (see 2302010003), U.S. District Judge Edward Davila for Northern California in San Jose said the agency failed “to establish a likelihood that it would ultimately succeed on the merits” of its Clayton Act Section 7 antitrust claims, said his heavily redacted order (docket 5:22-cv-04325) unsealed and released Friday. He rejected for lack of evidence the FTC’s core actual and perceived potential competition arguments that Meta’s Within acquisition would lessen competition in the “relevant market” for dedicated virtual-reality fitness apps.

Plaintiffs Craigville Telephone and Consolidated stepped up efforts to gather emails and Skype messages among individuals who knew about T-Mobile’s expansion of fake ring tones, said a Friday memorandum of law (1:19-cv-07190) in U.S. District Court for the Northern Division in Chicago.

AT&T’s motion for summary judgment should be granted, ordering the town of Corinth, New York, and its planning board and building department to approve AT&T’s proposed 150-foot-tall monopole wireless telecommunications tower, said AT&T’s response Friday (docket 1:21-cv-00149) in U.S. District Court for Northern New York in Syracuse to Corinth's Dec. 23 cross-motion for summary judgment (see 2212280003).

Contrary to T-Mobile and SoftBank's assertions in their Dec. 5 motion to dismiss that the class action to overturn T-Mobile’s Sprint buy “would turn the antitrust laws on their head” (see 2212060052), the case “involves no gymnastics,” said the seven plaintiffs in their memorandum of opposition Friday in U.S. District Court for Northern Illinois in Chicago. The litigation “advances claims that go to the heart of the Clayton and Sherman Acts,” they said.

Amazon profited from using biometric technology to automatically link individuals’ biometrics with other forms of personal information and “hold out their database of biometrics/Amazon One as a product/service to other companies,” alleges a Thursday class action (docket 1:23-cv-00901) in U.S. District Court for Southern New York in Manhattan.

GoDaddy isn’t liable for a gambling service allegedly hijacking a domain name due to Communication Decency Act Section 230 immunity, a 9th Circuit U.S. Court of Appeals panel ruled Friday (docket 21-16182).

The district court “improperly” granted the Recording Industry Association of America its motion to dismiss Yout’s Digital Millennium Copyright Act complaint, “erroneously concluding that Yout’s software platform was a circumvention tool,” said Yout’s opening brief Thursday (docket 22-2760) at the 2nd U.S. Circuit Court of Appeals. The lower court’s dismissal came “despite the preponderance of disputed issue of fact -- and the clear need for discovery and expert testimony,” it said.

U.S. District Judge Colleen McMahon for Southern New York denied Roomster’s motions for dismissal, to stay discovery and for a protective order in a fraud case brought by the FTC and five states to thwart Roomster's proliferation of fake positive online reviews. Section 230 of the Communications Decency Act doesn't shield Roomster from its alleged violations of federal and state consumer protection laws, said McMahon's decision and order Wednesday (docket 1:22-cv-07389).

Kochava violates consumer protection laws by acquiring consumers' precise geolocation data and selling it “in a format that allows entities to track the consumers' movements to and from sensitive locations,” alleged King County, Washington, plaintiff Cindy Murphy in a class action Wednesday (docket 2:23-cv-00058) in U.S. District Court for Idaho. Her complaint bears strong similarities to the FTC’s Aug. 29 lawsuit in which the agency seeks a permanent injunction enjoining Kochava from acquiring the data (see 2212050061).