Netflix Wins Dismissal of ‘Slumlord’ Author’s Infringement Suit

A Virginia federal judge granted Netflix’s motion to dismiss a copyright and trademark infringement lawsuit brought by the author of “Slumlord Millionaire,” calling the complaint “deficient in many respects.”

Roland Macher, representing himself, filed a complaint in October 2022 accusing Netflix and several of its executives of pirating his idea after the streaming service’s documentary series “Dirty Money” released an episode with the same title as his self-published book. Netflix moved for dismissal in March on grounds of failure to state a claim and lack of personal jurisdiction, which the court affirmed.

“The episode has nothing to do with Macher or his book,” Judge Thomas T. Cullen said in his July 27 opinion in US District Court for the Western District of Virginia.

The judge noted that even under the “more lenient standard” of review afforded to a pro se plaintiff’s complaint, it “must still ‘allege facts sufficient to state all the elements of [the] claim.’”

Macher’s book delves into the “ins and outs of the real estate industry,” according to the synopsis on its back cover, while the “Dirty Money” episode specifically profiled former President Donald Trump’s son-in-law Jared Kushner and his transition from being a real-estate mogul to a senior presidential adviser, the opinion said.

Cullen said it has been “well-settled” that titles are not copyrightable, and the works’ differences mean there wouldn’t likely be confusion between the book and the show that would support a trademark claim.

Furthermore, the judge questioned the court’s jurisdiction in the matter.

“Macher’s complaint lacks any allegation that the executive Defendants have any connection whatsoever to Virginia,” Cullen said in the opinion. “Even accepting everything in the complaint as true, the court has no basis to exercise personal jurisdiction.”

Slumlord Millionaire LLC, also listed as a plaintiff in the case, also is represented by Macher. Netflix is represented by Ballard Spahr LLP.

Neither Macher nor Ballard Spahr immediately responded to a request for comment.

The case is Macher v. Netflix Inc., W.D. Va., No. 7:22-cv-00575, 7/27/23.