Case: 3:25-cv-00698 Document #: 1 Filed: 08/20/25 Page 43 of 47
restrained and enjoined from engaging in such illegal gambling the Nation will be prevented from governing itself on its Indian Lands under its own Tribal laws, causing severe and irreparable injury for which the Nation has no plain, speedy, or adequate remedy at law. WHEREFORE, the Ho-Chunk Nation prays as hereinafter set forth below.
FIFTH CAUSE OF ACTION ( False Advertising – Lanham Act, 15 U.S.C. § 1125(a)(1)(B)) )
176. The Ho-Chunk Nation realleges each of the allegations set forth in the proceeding paragraphs of this complaint and by this reference incorporates each allegation as if set forth herein in full. 177. Kalshi has made false and misleading statements of fact about its platform, website(s), software, application(s), and/or its activities in general. Those statements mispresent the nature, characteristics, and/or legality of Kalshi’s platform, websites, software, and/or applications and are expressly false, impliedly false, or both. Kalshi has misrepresented that its platform, websites, software, and/or applications are fully legal and accessible nationwide (in all 50 states) despite the defectiveness of Kalshi’s websites, software, and/or applications—including under 17 C.F.R. § 40.2. Kalshi’s false and/or misleading statements include, but are not limited to, statements that Kalshi is “The First Nationwide Legal Sports Betting Platform” and that Kalshi offers “Sports Betting Legal in all 50 States.” See supra ¶ 94. 178. Kalshi has knowingly induced or caused third parties—including Robinhood and marketing agencies—to engage in acts of false advertising or promotion by repeating Kalshi’s false or misleading claims. 179. Each of Kalshi’s false or misleading statements were intentionally made
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