Tag Archives: defamation

C&D to competitor’s clients can be “commercial advertising & promotion”

Matonis v. Care Holdings Gp., L.L.C., No. 19-cv-20247-UU, 2019 WL 3386378 (S.D. Fla. Jul. 25, 2019) The defendant Care Companies engage in healthcare management consulting, “advising healthcare providers on, inter alia, patient intake strategies and revenue management.”  Plaintiff Matonis is … Continue reading

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Journal article merited better disclosure of affiliation w/competing group, not a lawsuit

Board of Forensic Document Examiners, Inc. v. American Bar Ass’n, — F.3d —-, 2019 WL 1930310, No. 18-2653 (7th Cir. May 1, 2019) The Board of Forensic Document Examiners is a non-profit organization that certifies forensic document examiners (currently about … Continue reading

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Allegations of patent infringement could be defamatory but not false advertising

GeigTech East Bay LLC v. Lutron Electron. Co., 2019 WL 1768965, No. 18 Civ. 5290 (CM) (S.D.N.Y. Apr. 4, 2019) “What started as a garden-variety intellectual property dispute has morphed into something less conventional.” GeigTech initially sued Lutron, alleging that … Continue reading

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Allegedly defamatory claims in e-recycling report weren’t commercial speech despite some economic incentive

Electronic Recycling Ass’n v. Basel Action Network, 2019 WL 1453575, No. C18-1601-MJP (W.D. Wash. Apr. 2, 2019) Plaintiff ERA is a Canadian non-profit corporation that specializes in recovering, refurbishing, and reusing discarded electronic equipment or “e-waste.” When it determines that … Continue reading

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it’s not defamatory to conflate 2 legally distinct entities when unity is what they wanted consumers to perceive

RainSoft v. MacFarland, No. 15-432 WES, 2018 WL 4696737 (D.R.I. Sept. 30, 2018) MacFarland runs lazymanandmoney.com, where he blogs about companies who provide consumer products and services. He and his wife “sat through an in-home demonstration of RainSoft’s water-treatment products.” … Continue reading

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Defamation, but not false advertising, claim survives against niche publisher that added wrong info about allegations of wrongdoing

MiMedx Group, Inc. v. DBW Partners LLC, No. 17-1925 (JDB), 2018 WL 4681005 (D.D.C. Sept. 28, 2018) MiMedx, a seller of medical products, sued DBW, which offers business and regulatory analysis to paid subscribers, for libel, slander, defamation, false light … Continue reading

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exercise company affiliation and ad revenue don’t make diet review into commercial speech

GOLO, Inc. v. HighYa, LLC, 2018 WL 2086733, No. 17-2714 (E.D. Pa. May 4, 2018) The court here declines to apply the Lanham Act to “companies that generate income through websites that review the products of others, without selling any … Continue reading

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