Plaintiffs are 32 professional models. Defendant is a sex club in Miami. Plaintiffs alleges the sex club used their photographs to promote the club on websites and social media, without consent. The complaint contains Lanham False Advertising and various Florida state causes. Defendant moves to dismiss on various grounds but the court dismisses, sua sponte, for failure to state a claim, because plaintiffs did not establish that ‘the misrepresented product or service,’ which the Court defines as people having sex with each other at the club, ‘affects interstate commerce.’
The discussion of interstate commerce occurs on pages 11 through 18.
Last paragraph on page 19: the court indicates that it is dismissing the state law claims, even if plaintiffs can successfully re-plead the Lanham Act cause.