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Groupon Secures Natsar’s Expertise for Defense in High-Profile Antitrust Litigation

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book with trademark law written on it in legal setting

New York – E-commerce giant Groupon engaged Natsar for analysis and expert witness testimony in an antitrust civil litigation case. The case, Las Vegas Skydiving Adventures LLC v. Groupon, Inc. (2:18-cv-02342), alleges, in part, that Groupon infringed on Las Vegas Skydiving Adventures’ (LVSA) trademark. LVSA claims Groupon’s website metadata and search engine optimization (SEO) techniques caused consumer confusion and diverted business from LVSA.

Natsar conducted an extensive investigation, interviewed Groupon staff, and independently reviewed the applications, infrastructure, and code utilized by Groupon. Following the investigation, Natsar provided the court with an expert analysis report and offered expert testimony. Josh Moulin, principal of Natsar and a veteran with over two decades of experience in digital forensics and cybersecurity, demonstrated how the plaintiff’s expert was incorrect in several areas and how the technology deployed by Groupon was being used appropriately. The court agreed with Moulin’s analysis.

Magistrate Judge Ferenbach of the District of Nevada granted Groupon’s Motion for Summary Judgment (MSJ), thereby dismissing the entire case.

Notably, Judge Ferenbach also approved Groupon’s motion for attorneys’ fees under the Lanham Act’s fee-shifting provision, applicable in “exceptional” cases. As a result, LVSA was ordered to pay Groupon $325,000 in legal fees.

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