Tag Archives: defamation

despite some skepticism, court mostly allows adtech vendor’s disparagement claims against competitor to proceed

Posted on May 27, 2026 by rtushnet

Double Verify Holdings, Inc. v. Adalytics Research, LLC, No. 25-1535-TDC, 2026 WL 1133411 (D. Md. Apr. 27, 2026) DoubleVerify is in the business of “helping brands, agencies, and publishers verify that their digital advertising investments are delivered as intended.” Its … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

allegations of copied instructions lead to finding of noninfringement and possible 512(f) violation

Posted on December 11, 2024 by rtushnet

MFB Fertility, Inc. v. Action Care Mobile Veterinary Clinic, LLC, — F.Supp.3d —-, 2024 WL 1719347, No. 23 cv 3854 (N.D. Ill. Apr. 22, 2024) MFB sued Action Care for copyright and trademark infringement; Action Care counterclaimed for misrepresentation under … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

republishing scientific study to prospective customers isn’t protected opinion

Posted on October 15, 2024 by rtushnet

Advance Dx, Inc. v. YourBio Health, Inc., — F.Supp.3d —-, 2024 WL 4393314, No. 24-10595-WGY (D. Mass. Oct. 3, 2024) Advance sued YourBio, which competes in the market for at-home medical device testing patients’ level of anti-Mullerian hormone, for false … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

lawsuit against plaintiffs’ expert witness fails on First Amendment grounds

Posted on July 1, 2024 by rtushnet

LTL Mgmt. LLC v. Moline, 2024 WL 3219683, No. 23-02990 (GC) (JTQ) (D.N.J. Jun. 28, 2024) Not currently in bankruptcy, LTL—J&J’s solution to its talc woes—decided to sue a critic for her scientific conclusions about talc risks. The court dismisses … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

calling an accepted Rule 68 offer a judgment of infringement could be defamatory

Posted on March 14, 2024 by rtushnet

Double Diamond Distribution Ltd. v. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D. Colo. Mar. 11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! The parties compete … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

ex-employee’s Glassdoor post wasn’t commercial advertising or promotion

Posted on February 23, 2024 by rtushnet

Schabacker v. Ferens, 2024 WL 710632, No. 22-3778 (E.D. Pa. Feb. 21, 2024) ECRI and its CEO sued Ferens, a former ECRI employee, for various things including defamation, IIED, violations of trade secret law, and Lanham Act false advertising. ECRI … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

reseller’s unsuccessful challenge to takedown notices leads to more successful infringement counterclaim

Posted on December 20, 2023 by rtushnet

CDC Newburgh Inc. v. STM Bags, LLC, — F.Supp.3d —-, 2023 WL 6066136, 22-cv-1597 (NSR) (S.D.N.Y. Sept. 18, 2023) CDC sued STM, alleging violations of New York state and federal law arising from STM’s involvement in the removal of ten … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Earnings calls, recall notices not “commercial advertising or promotion,” but could be “of and concerning” largest market player

Posted on November 27, 2023 by rtushnet

In re SoClean, Inc., Marketing, Sales Practices & Products Liab. Litig., 2023 WL 8006602, MDL No. 3021, No. 22-542 (W.D. Pa. Nov. 17, 2023) Because this is MDL with lots of claims, the facts are a bit complicated. SoClean is … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

YouTube videos aren’t commercial advertising/promotion even if some commercial info is in channel bio

Posted on October 10, 2023 by rtushnet

Wealthy, Inc. v. Cornelia, 2023 WL 6379449, No. 2:21-CV-1173 JCM (EJY) (D. Nev. Sept. 29, 2023) “This action arises out of a series of interviews published on YouTube and conducted by Cornelia that plaintiffs perceive as defamatory.” Defendant Buczkowski is … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

state consumer protection law gives competitor plaintiff more leeway than Lanham Act, court holds

Posted on September 5, 2023 by rtushnet

SME Steel Contractors, Inc. v. Seismic Bracing Company, LLC, — F.Supp.3d —-, 2023 WL 4463246, No. 2:17-cv-00702-RJS-DAO (D. Utah Jul. 11, 2023) The parties compete in the design of buckling-restrained braces, which are structural devices that help buildings withstand seismic … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment