NEW YORK (CelebrityAccess) — A lawsuit filed by talent agency Universal Attractions against Ticketmaster over a failed “I Love the 90s” package tour has been dismissed by a federal judge.
According to Amplify, U.S. District Court Judge George Daniels granted Ticketmaster’s motion to dismiss the suit, claiming that Universal Attractions had failed to sufficiently allege any misrepresentation by Defendants.
Universal Attractions filed the suit last year, alleging that Ticketmaster had effectively sabotaged the tour by prominently displaying only VIP tickets at the highest price tiers, “turning off” many would-be fans from obtaining tickets to the concert and resulting in unusually high sales conversion figures.
However, Judge Daniels ruled that a plaintiff must demonstrate “more than a sheer possibility that a defendant has acted unlawfully” and failed to demonstrate “a right to relief above the speculative level.”
Universal also alleged that Ticketmaster violated the Lanham Act by making false, or misleading statements in an advertisement by displaying the high priced VIP tickets during presales and failing to display lower priced tickets. However, the judge disagreed, ruling that ” during presales has no bearing whatsoever on the veracity of the VIP ticket prices themselves which. as noted earlier, Ticketmaster advertised correctly.”
The court declined to rule on the competition issues that Universal Attractions raised in the suit.
