Apple, Plaintiffs Clash Over Sought Dismissal of iTunes False Advertising Claim

Apple's "self-serving, strained reading" of the word "episodes" is unsubstantiated as it seeks dismissal of a false advertising lawsuit on how the company sells seasons of TV series via iTunes (see 1810100047), plaintiffs said Wednesday in opposition (in Pacer) to defendant's motion to dismiss, docket 18-cv-06139-PJH. A California and a New York resident told the U.S. District Court in San Jose consumers understand "episode" by its common meaning of a plot-based episode of a show, so considering behind-the-scenes and promotional clips as episodes is misleading. Apple's motion to dismiss (in Pacer) last month said iTunes wasn't false or deceptive because the information was there but was "unreasonably misunderstood" by the plaintiffs who either didn't read the entire menus or ignored information.