Power.com Suit Against Facebook Tossed

    October 26, 2009

Facebook appears to have won at least part of yet another legal fight.  Yesterday, United States District Judge Jeremy Fogel dismissed a complaint that Power.com brought against the social networking company in early July.

Facebook actually sued Power.com way back in January, alleging that Power.com had collected data about its users, and, in the course of doing so, violated the CAN-SPAM act and a couple of other regulations.  Facebook raised the issues of copyright and trademark infringement, too.

Power.com filed a counterclaim in response.  Unfortunately for Power.com, Judge Fogel felt its complaints were a little vague and unsupported by any obvious evidence.  He wrote, "[T]he Court need not accept as true allegations that are conclusory, unwarranted deductions of fact, or unreasonable inferences."  Hence the dismissal.


The catch is that Power.com has 30 days to amend its claim and try again, so Facebook isn’t completely in the clear just yet.

Also, while dismissing Power.com’s complaint, Judge Fogel gave little indication of how Facebook’s original suit against Power.com is going (not that he should have), so Mark Zuckerberg and his lawyers can’t declare a compete victory over the other company at this point.

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