Legal Opinion

Golo, LLC v. Highya, LLC

District Court, E.D. Pennsylvania

Decided May 4, 2018No. Civil Action No. 17–2714PublishedCited by 8 opinions

1Opinion of the Court

Gerald Austin McHugh, United States District Judge

This case demonstrates one of the challenges presented by new forms of online commerce-specifically, how to apply the Lanham Act to companies that generate income through websites that review the products of others, without selling any products of their own. Plaintiff GOLO, Inc. owns and operates a weight loss dieting program that can be purchased through its website. Defendants HighYa, LLC, and BrightReviews, LLC, are review websites that purportedly assist consumers in making a choice by evaluating the claims that companies like GOLO make…

2Cases cited10 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Lexmark Int'l, Inc. v. Static Control Components, Inc.Supreme Court of the United States · 2014
  4. Kelly N. Pryor Warren E. Spivey, Jr., Individually and on Behalf of All Others Similarly Situated v. National Collegiate Athletic AssociationCourt of Appeals for the Third Circuit · 2002
  5. Facenda v. N.F.L. Films, Inc.Court of Appeals for the Third Circuit · 2008

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3Cited by8 opinions

  1. Ariix, LLC v. Nutrisearch CorporationCourt of Appeals for the Ninth Circuit · 2021
  2. Ariix LLC v. USANA Health SciencesDistrict Court, D. Utah · 2023
  3. CRASH PROOF RETIREMENT, LLC v. PriceDistrict Court, E.D. Pennsylvania · 2021
  4. Casper Sleep Inc. v. Nectar Brand LLCDistrict Court, S.D. New York · 2020
  5. Federal Trade Commission v. Roomster Corp.District Court, S.D. New York · 2023

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