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Game Over: Court Dismisses Class Action Lawsuit Over Gaming Computer Performance

By Baldassare Vinti, Anisha Shenai-Khatkhate & Nicole O. Swanson on June 27, 2024
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#TechnologY #Computer #High-Resolution # #GaminG
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The gaming industry is increasingly becoming a target for consumer class actions, as plaintiffs’ attorneys are scrutinizing the marketing and performance claims of gaming PCs and accessories.  However, gaming companies are not without recourse.  Recent legal decisions demonstrate that courts are willing to dismiss cases where plaintiffs fail to provide specific facts that support their allegations.  For instance, Judge Paul L. Maloney of the Western District of Michigan dismissed a putative class action lawsuit against Lenovo which alleged the computers do not live up to their advertised performance capabilities for resource-intensive uses like gaming and graphic design.  In dismissing plaintiff’s complaint, Judge Maloney found the plaintiff had “[i]n essence, … strung together some marketing language … [to] plead[] fraud in a deficient manner.”  Dinwiddie v. Lenovo, Case No. 2:22-cv-00218 (W.D. Mich. March 27, 2024).

Plaintiff alleged the computer had been marketed as having advanced features like an “Intel Core i5 2.90 GHz processor [that] provides [a] solid performance” and “a NVIDIA GeForce GTX 1650 Super discrete graphic card for gaming and graphic designing, [to deliver an] optimal visual experience.”  Plaintiff alleged these representations communicated that the computer would “function reliably, not freeze or crash, and run smoothly during operation subject to normal use.”  Plaintiff alleged Lenovo’s advertising was misleading, because he and other users frequently experienced freezing and crashes when using their computers.  He included in his complaint a handful of anonymous internet posts claiming to be from people who owned this computer and experienced similar problems.

The Court was unconvinced.  Critically, the Court noted that nowhere did defendant actually promise that the product would “not freeze or crash,” “function reliably,” or “run smoothly”; those takeaways were based on plaintiff’s own assumptions.  The Court also found that Lenovo’s  “solid performance” advertising claim was too general and vague to maintain a misrepresentation claim.  The court analogized the Plaintiff’s claims to those previously dismissed in Vivar v. Apple Inc., No. 22 Civ. 0347 (S.D.N.Y. Sept. 12, 2022), a similar case brought by the same Plaintiff’s counsel.  There, the Court dismissed fraud claims that were similarly predicated on “general advertisements.”  In Vivar, the Court similarly noted that while Apple advertised its earbuds as having “up to 9 hours of listening time,” and “powered by the Apple H1 Chip” with “dual audio control,” it never represented that the earbuds would be defect-free.

This decision serves as an important reminder that theories of deception grounded only in a plaintiff’s unsupported assumptions are ripe for dismissal.  A complaint alleging injury as a result of purported advertising misrepresentations must be grounded in the text of the advertising itself.  Companies in the gaming industry facing similar legal challenges can rely on Proskauer’s deep expertise in this sector.  Our class action defense team has significant experience defending gaming companies against claims related to performance advertising, under both consumer protection laws and the Lanham Act.  We understand the unique challenges of the gaming market and provide tailored legal strategies to effectively counter unfounded allegations, ensuring the protection of your business interests and brand reputation.

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Want to talk advertising? We welcome your questions, ideas, and thoughts on our posts. Email or call us at bvinti@proskauer.com /212-969-3249

Photo of Baldassare Vinti Baldassare Vinti

Baldassare (“Baldo”) Vinti heads Proskauer’s Intellectual Property Litigation Group.

Baldo’s practice focuses on litigating patent, false advertising, trade secret, life sciences, trademark and contractual matters in federal and state courts and before the International Trade Commission. He is a seasoned trial attorney responsible…

Baldassare (“Baldo”) Vinti heads Proskauer’s Intellectual Property Litigation Group.

Baldo’s practice focuses on litigating patent, false advertising, trade secret, life sciences, trademark and contractual matters in federal and state courts and before the International Trade Commission. He is a seasoned trial attorney responsible for all aspects of litigation, including Markman hearings, appeals before the Federal Circuit, case preparation and strategy, depositions, motion practice, and settlement negotiations. He has represented clients in high-stakes matters involving a broad range of technologies, including medical devices, diagnostics, immunoassays, prosthetics, pharmaceuticals, dental implants, electronic medical records systems, encryption technology, wound dressings, digital video compression, electronic book delivery and security systems, mobile media technologies, navigation and location-based services, bandwidth management, bar code scanning, lasers , and other technologies. Baldo has represented numerous major corporations, including Arkema S.A., British Telecommunications PLC, Church & Dwight Co., Inc., Henry Schein, Inc., Maidenform Brands Inc., Mitsubishi Electric Corp., Ossur North America Inc., Panasonic Corp., Sony Corp., Welch Foods, Inc., and Zenith Electronics LLC.

In addition, Baldo regularly handles transactional work, including intellectual property due diligence, licensing, intellectual property structural transactions, patentability studies, infringement/non-infringement opinions, and client counseling in intellectual property matters.

Baldo is an author and frequent commentator on patent issues pertaining to medical devices and a host of other intellectual property topics, and has been quoted in the National Law Journal, Bloomberg BNA, Law360, Westlaw Journal and Inside Counsel magazine. He is also a regular contributor of articles published in Medical Product Outsourcing magazine that deal with the medical device industry.

Baldo served as a judicial intern for Hon. John E. Sprizzo of the United States District Court for the Southern District of New York and for Hon. Charles A. LaTorella of the New York Supreme Court.

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Photo of Nicole O. Swanson Nicole O. Swanson

Nicole Swanson is an associate in the Litigation Department.

Nicole earned her J.D. from New York University School of Law, where she served as a Managing Editor of the Moot Court Board and was elected to the Order of Barristers. While at NYU…

Nicole Swanson is an associate in the Litigation Department.

Nicole earned her J.D. from New York University School of Law, where she served as a Managing Editor of the Moot Court Board and was elected to the Order of Barristers. While at NYU, Nicole externed with the Civil Division of the U.S. Attorney’s Office for the Southern District of New York.

Prior to law school, Nicole served as an AmeriCorps volunteer in Phoenix, Arizona, working with self-represented litigants in family court.

Nicole maintains an active pro bono practice. She volunteers with LIFT (Legal Information for Families Today) to provide family law consults, and serves as a member of LIFT’s junior board. She also supports the New York State Courts’ Pandemic Practices Working Group in its efforts to evaluate court policies adopted in response to COVID-19.

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  • Posted in:
    Communications, Media & Entertainment, Featured Posts
  • Blog:
    Proskauer on Advertising Law
  • Organization:
    Proskauer Rose LLP
  • Article: View Original Source

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