Firm Secures Win for TicketNetwork, Inc.

September 8, 2010

In a case for TicketNetwork, Inc., an Internet marketplace on which independent sellers of concert and other event tickets offer those tickets for sale to independent buyers, the firm was successful in obtaining summary judgment dismissing a case brought by the State of New Jersey. The Honorable Patricia K. Costello, Essex County, granted TicketNetwork's summary judgment motion dismissing a case in which both the New Jersey Attorney General and the New Jersey Division of Consumer Affairs accused TicketNetwork and Orbitz Worldwide, LLC of violating the New Jersey Consumer Fraud Act by offering tickets for sale on their website prior to the "on-sale" date announced by Ticketmaster to the Fall 2009 Bruce Springsteen concerts at the old Giants Stadium.

Judge Costello held that Plaintiffs' case was preempted by federal law, because TicketNetwork only hosted the Internet marketplace and did not possess any ticket inventory or author any of the ticket descriptions listed on its marketplace. She concluded that "Defendants' services help to create and maintain a vibrant, competitive market for consumers looking to purchase travel and entertainment related products and services online. As a result, defendants' services are consistent with Congress's intent to encourage commerce over the Internet and ensure interactive computer services are not held responsible for how third parties use their services."