Category Archives: tortious interference

Dastar-barred claim survives both as false advertising and false designation

Posted on January 30, 2015 by rtushnet

Advanced Fluid Systems, Inc. v. Huber, 28 F. Supp. 3d 306 (M.D. Pa. 2014)   AFS sued Huber for violations of the Lanham Act, the CFAA, the Pennsylvania Uniform Trade Secrets Act, and various common law claims.  AFS designs and … Continue reading →

Posted in dastar, http://schemas.google.com/blogger/2008/kind#post, tortious interference, trade secrets | Leave a comment

Passing off claim is subject to Rule 9(b) but passes

Posted on January 14, 2015 by rtushnet

Medscript Pharmacy, LLC v.My Script, LLC, LLC, No. 14 C 0469, 2015 WL 149062 (N.D. Ill. Jan. 12, 2015)   The complaint alleged that Medscript was a Professional Compounding Centers of America (PCCA) certified compounding pharmacy, while defendants are compounding … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, procedure, tortious interference, trademark | Leave a comment

Accusation of "instability" actionable but use of generic term isn’t confusing

Posted on January 1, 2015 by rtushnet

EndoSurg Medical, Inc. v. EndoMaster Medical, Inc., No. GJH–14–2827, 2014 WL 7336691 (D. Md. Dec. 19, 2014)   Plaintiff EndoSurg makes endoscope replacement components, and plaintiff EndoCure makes custom rigid and small diameter flexible endoscopes.  (Endoscopic surgery requires inserting an … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, tortious interference, trade secrets, trademark | Leave a comment

Paid spokesperson engaged in "advertising or promotion" for Lanham Act purposes

Posted on September 25, 2014 by rtushnet

Underground Solutions, Inc. v. Palermo, 2014 WL 4703925, No. 13 C 8407  (N.D. Ill. Sept. 22, 2014)   UGSI sued Palermo for trade libel, interference with prospective economic advantage, interference with contract, false advertising under the Lanham Act, and violation … Continue reading →

Posted in defamation, http://schemas.google.com/blogger/2008/kind#post, tortious interference | Leave a comment

overstating competitor’s relationship with FTC target could be defamatory

Posted on August 28, 2014 by rtushnet

Broadspring, Inc. v. Congoo, LLC, 2014 WL 4100615, No. 13–CV–1866 (S.D.N.Y. Aug. 20, 2014) (by my classmate, the Honorable Jesse Furman) “This is a lawsuit between bitter rivals in the online advertising industry.” Broadspring sued Congoo and two of its … Continue reading →

Posted in defamation, http://schemas.google.com/blogger/2008/kind#post, tortious interference | Leave a comment

business tort review: Lanham Act doesn’t cover all commercial defamation

Posted on August 14, 2014 by rtushnet

In my advertising law class, I teach that common-law business torts are both broader and narrower than the Lanham Act.  Here we have examples of both features: the scienter requirement and the lack of limitation to “commercial advertising and promotion.” … Continue reading →

Posted in defamation, http://schemas.google.com/blogger/2008/kind#post, tortious interference | Leave a comment

court borrows limitations period from consumer protection law for Lanham Act claim

Posted on August 11, 2014 by rtushnet

Cannella v. Brennan, No. 2:12-CV-1247 (E.D. Pa. Aug. 5, 2014) Plaintiffs First Senior Financial Group, Phillip Cannella, and Joann Small sued “Watchdog,” an anonymous blogger, and Doe defendants, ultimately identifying Krista Brennan as Watchdog and the Doe defendants as Granite … Continue reading →

Posted in commercial speech, consumer protection, http://schemas.google.com/blogger/2008/kind#post, tortious interference | Leave a comment

No similarity means no infringement

Posted on May 9, 2014 by rtushnet

Falcon Stainless, Inc. v. Rino Companies, Inc., — Fed.Appx. —-, 2014 WL 1779246 (9th Cir. May 6, 2014) After the district court mostly denied a preliminary injunction, the parties proceeded to trial on an implausible trademark claim; the jury found … Continue reading →

Posted in tortious interference, trademark | Leave a comment

Competitor that operates review website not protected by 230

Posted on March 14, 2014 by rtushnet

Moving & Storage, Inc. v. Panayotov, No. 12–12262, 2014 WL 949830 (D. Mass. Mar. 12, 2014) Here’s one of the §230 situations that fascinates me.  Defendants operate a moving company review website, MyMovingReviews.com … and their own moving company.  The … Continue reading →

Posted in 230, copyright, http://schemas.google.com/blogger/2008/kind#post, tortious interference, trademark | Leave a comment

Price claims are puffery, but fake Facebook page could be actionable

Posted on March 4, 2014 by rtushnet

Imagine Medispa, LLC v. Transformations, Inc., 2014 WL 770810, No. 2:13–26923 (S.D. W. Va. Feb. 26, 2014) The parties compete in the medical weight-loss and skin care industry, in overlapping geographic areas. Plaintiff David Rubio owns Imagine. Plaintiffs alleged that … Continue reading →

Posted in defamation, http://schemas.google.com/blogger/2008/kind#post, right of publicity, tortious interference, trademark | Leave a comment