Category Archives: tortious interference

11th Circuit recognizes contributory false advertising theory

Duty Free Americas, Inc. v. Estee Lauder Companies, Inc., — F.3d —- (2015), 2015 WL 4709573, No. 14–11853 (11th Cir. Aug. 7, 2015)   Plaintiff DFA operates duty free stores in many international airports nationwide.  It sued Estée Lauder, arguing … Continue reading

Posted in, secondary liability, tortious interference | Leave a comment

Another circuit agrees that Dastar-barred claims can’t be repled as false advertising

Kehoe Component Sales Inc. v. Best Lighting Products, Inc., — F.3d —-, No. 14–3347, 2015 WL 4635824 (6th Cir. Aug. 5, 2015)   Best asked Kehoe (“Pace”) to make specialized lighting products for Best.  After Pace made enough units to … Continue reading

Posted in contracts, dastar,, tortious interference, trade secrets, trademark | Leave a comment

Apples-to-oranges comparison is literally false, justifies finding of irreparable harm

Market Track, LLC v. Efficient Collaborative Retail Marketing, LLC, 2015 WL 3637740, No. 14 C 4957 (N.D. Ill. June 11, 2015)   Market Track provides business intelligence services, principally tracking and analyzing information relating to consumer advertising. ECRM is Market … Continue reading

Posted in, patent, remedies, tortious interference | Leave a comment

Don’t start a competing business using your boss’s equipment

Nedschroef Detroit Corp. v. Bemas Enterprises LLC, 2015 WL 2453511, No. 14–10095 (E.D. Mich. May 22, 2015)   Defendants Rigole and LePage were Nedschroef employees in Detroit who formed a competing company, Bemas, while still working for Nedschroef. Nedschroef makes … Continue reading

Posted in, tortious interference, trade secrets, trademark | Leave a comment

resources spent correcting false advertising provide business standing in California

Underground Solutions, Inc. v. Palermo, No. 13 C 8407, 2015 WL 1594189 (N.D. Ill. Apr. 7, 2015)   Previous ruling on this dispute between Underground Solutions and a person who basically served as an expert supporting its competitor. Related case … Continue reading

Posted in california,, tortious interference | Leave a comment

court declines to dismiss hashtag infringement claim

Fraternity Collection, LLC v. Fargnoli, 2015 WL 1486375, No. 3:13–CV–664 (S.D. Miss. Mar. 31, 2015)   Fraternity Collection designs and sells shirt, including the “Pocket Shirt,” a custom article of clothing in which customers pick a particular style of shirt … Continue reading

Posted in copyright, dastar,, secondary liability, tortious interference, trademark | 1 Comment

former founder’s overclaiming not enough for likely success on false association

Infogroup, Inc. v. DatabaseLLC, — F.Supp.3d —-, 2015 WL 1499066, No. 8:14–CV–49 (D. Neb. Mar. 30, 2015)   The parties compete in the market for databases about consumers and businesses.  Individual defendants are all former employees of Infogroup, including Vinod … Continue reading

Posted in, tortious interference, trade secrets, trademark | Leave a comment

Insurance misrepresentations could ground claims against Uber/Lyft

Greater Houston Transportation Co. v. Uber Technologies, Inc., 2015 WL 1034254, No. 4:14–0941 (S.D. Tex. Mar. 10, 2015)   Taxi permit holders in Houston and San Antonio sued Uber and Lyft for tortious interference with business relations, unfair competition, and … Continue reading

Posted in, tortious interference | Leave a comment

Allegations of fake independent reviews state false advertising claim

Swiss America Trading Corp. v. Regal Assets, LLC, 2015 WL 631569, No. CV 14–04960 (C.D. Cal. Feb. 13, 2015)   Swiss competes with Regal to sell precious metals.  The parties promote themselves online and rely on internet reviews and recommendations.  … Continue reading

Posted in defamation,, procedure, tortious interference | Leave a comment

Another keyword defendant victory, among other tort claims

M-Edge Accessories LLC v. Inc., 2015 WL 403164,  No. MJG–11–3332 (D. Md. Jan. 29, 2015)   M-Edge started selling Kindle accessories soon after the Kindle was released. The parties’ relationship began well, but began to sour by 2011. M-Edge … Continue reading

Posted in, tortious interference, trademark, unfairness | Leave a comment