Tag Archives: disparagement

robust TX anti-SLAPP law protects critic despite arguments that she was partly competing

ADB Interest, LLC v. Wallace, 606 S.W.3d 413 (Tex. Ct. App. 2020) This is an anti-SLAPP case about statements by a disgruntled customer/alleged competitor. Black, the managing member of ADB, invented the FasciaBlaster, which is marketed by ADB. The user … Continue reading

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“all IP” puts C&D recipient on notice of TM (R), and a bit on the meaning of blue check marks

Commodores Entertainment Corp. v. McClary, Nos. 19-10791, 19-12819, — Fed.Appx. —-, 2020 WL 4218236 (11th Cir. Jul. 23, 2020) As quickly summarized by the court: The prolonged dispute concerns the ownership of the mark “The Commodores,” the name of a … Continue reading

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anti-tanning public service campaign targeted all tanning salons, thus couldn’t disparage them

JB & Associates, Inc. v. Nebraska Cancer Coalition, — N.W.2d —-, 303 Neb. 855, No. S-18-719, 2019 WL 3756342 (Aug. 9, 2019) Appellants, several tanning salons, appealed their dismissal of defamation and product disparagement claims under Nebraska’s Uniform Deceptive Trade … Continue reading

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False advertising & TM fail as workarounds to 230 for software blocking

PC Drivers Headquarters, LP v. Malwarebytes Inc., 2019 WL 1061739, No. 18-cv-05409-EJD (N.D. Cal. Mar. 6, 2019) PC Drivers alleged that Malwarebytes’ malware detection software wrongfully categorized PC Drivers’ “technical support” software as malware or a “Potentially Unwanted Program” (PUP), … Continue reading

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Anonymous defamatory posts are “advertising or promotion” under Lanham Act

Romeo & Juliette Laser Hair Removal, Inc. v. Assara I LLC, 2016 WL 815205, No. 8-cv-0442 (S.D.N.Y. Feb. 29, 2016)   R&J sued Assara and a number of related people eight years ago.  The parties compete to offer laser hair … Continue reading

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Failure to show harm dooms many claims based on negative press release

Synygy, Inc. v. ZS Associates, Inc., — F.Supp.3d —-, 2015 WL 5818510, No. 10-4274 (E.D. Pa. July 30, 2015)   Wow, this one’s been going on for a while.  Note that evidence of damages is key to the traditional, non-commercial-speech … Continue reading

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