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Arizona State Can’t Revive Suit Against Covid Instagram Account

May 13, 2022, 8:54 PM

Arizona State University was unable to revive its trademark lawsuit against an anonymous Instagram user promoting “Hoax-19" parties during the pandemic using the school’s logos and colors.

The US Court of Appeals for the Ninth Circuit said Friday in a nonprecedential opinion that an Arizona trial court properly dismissed ASU’s complaint after finding no likelihood of consumer confusion.

The US District Court for the District of Arizona was also correct in dismissing the suit without giving ASU a chance to amend the complaint because that “would have been futile given the implausibility of the allegations,” the appeals court said.

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