Triller has been in an ongoing legal and PR battle with Ethan and Hila Klein of the H3 Podcast. Last May Triller sued H3 for copyright infringement for $50 million in damages. claiming they violated their rights by airing an unlicensed clip of the Jake Paul-Ben Askren fight. The Kleins didn’t like that, so they did what any content creator with a rabid loyal following would do: they told their fans to review bomb Triller into the Shadow Realm.
That led to another lawsuit from Triller, this time claiming among other things that the Kleins engaged in an “unlawful conspiracy” to interfere with Triller’s existing and prospective relationships and business opportunities within the entertainment industry. Compl. at 2, 14-5, Triller, LLC v. Ted Entertainment, Inc., No case number (Super Ct. Los Angeles County July 19, 2021).
There’s no question that the h3h3 folks directed their fans to review bomb Triller. And there’s no question that they did it and that it harmed Triller’s reputation. So, open and shut case?
The judge didn’t think so. The Kleins filed an anti-SLAPP motion, and the judge agreed with them.
Plaintiff has provided evidence that negative reviews were left in the Apple and Google app stores using similar language as the Podcasts at issue to show that Defendants directed their fans to commit wrongful conduct. That evidence, however, is insufficient to show a likelihood of success on the merits for incitement because, while they provide evidence of negative reviews, they do not put forth sufficient evidence to establish Defendant directed or ratified tortious activity. Defendant states in the Podcasts that fans should not leave fake reviews and condemns such behavior. While Plaintiff argues Mr. Klein’s demeanor communicates something more sinister, the evidence put forth does not show that Mr. Klein authorized or ratified specific tortious activity.
In other words, Ethan Klein may have been the instigator of all the negative reviews, but Triller did not do enough to show that negative reviews in and of themselves constitute tortious activity.
Full complaint: Triller, LLC v. Ted Entertainment, Inc., No case number (Super Ct. Los Angeles County July 19, 2021)