Lanham Act and Unfair Competition

We stand up for small businesses against big tech.

Tech platforms want to look big and successful. Sometimes they list businesses they have no relationship with, implying an affiliation that doesn’t exist. This behavior seeks to build a reputation on the backs of others, and it causes small businesses to lose control of their names and reputations.

Janove built a novel application of the Lanham Act and the law of unfair competition to address this on behalf of millions of small businesses nationwide. Three of those class actions have been settled and finally approved, and one continues to be litigated.

Representative Matters

Prior results do not guarantee a similar outcome; results depend on the facts of each case.

Active

Gracie Baked LLC v. GiftRocket, Inc.

In summary judgment
No. 1:22-cv-04019 (E.D.N.Y.)

Class action alleging that GiftRocket and Tremendous falsely claimed to sell gift cards for businesses that never agreed to be listed on GiftRocket.com.

Results

Tipsy Nail Club LLC v. ClassPass Inc.

Final approval
No. 1:21-cv-08662 (S.D.N.Y.)

Co-lead counsel for a class of small businesses alleging ClassPass listed them as partners without permission and sold classes in their names. The court granted final approval on October 27, 2023 of a $1,893,125 settlement.

Salon Phoenix Cosmetology LLC v. Groupon, Inc.

Final approval
No. 1:22-cv-07162 (N.D. Ill.)

Co-lead counsel for small businesses whose names and information appeared on Groupon deal pages they never agreed to. Final approval granted November 16, 2023, requiring Groupon to remove numerous businesses from its website.

Wecare RG, Inc. v. Giftly Inc.

Final approval
No. 2:22-cv-02672 (E.D. Pa.)

Co-lead counsel in a Lanham Act class action over unauthorized listings on Giftly.com. Final approval granted October 30, 2023.

Janove PLLC advocates for consumers, workers, and small business owners.

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