Tag Archives: tortious interference

despite rejecting Lanham Act PI, court enjoins D from making negative statements about P in public if prospective customers might see

Posted on December 11, 2025 by rtushnet

Red Sense LLC v. Bohuslavskiy, 2025 WL 3539968, No. 25cv12281 (EP) (AME) (D.N.J. Dec. 10, 2025) This case illustrates that tortious interference has a small remaining scope—where there’s no “commercial advertising or promotion” because of the failure to solicit a … Continue reading →

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

drug company plausibly alleged confusion about partnership but not falsity of “same drug” claims about Canadian imports

Posted on August 18, 2025 by rtushnet

AbbVie Inc. v. Payer Matrix, LLC, No. 23 CV 2836, 2025 WL 2374490 (N.D. Ill. Aug. 15, 2025) AbbVie sells the specialty drugs Humira, Skyrizi, and Rinvoq. Payer Matrix is “an alternative funding provider that works with self-funded health plans … 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

individual pitches/RFPs are advertising/promotion, but not user support/FAQ pages

Posted on December 2, 2024 by rtushnet

Spotlight Ticket Management, Inc. v. Concierge Live LLC, No. 2:24-cv-00859-WLH-SSC, 2024 WL 4866813 (C.D. Cal. Aug. 30, 2024) Spotlight provides ticket and event management enterprise solutions. It entered into an exclusive agreement with Ticketmaster, a ticket sales and distribution company, … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Timeshare company’s own “exit” program for “qualified” owners isn’t misleading even if broadly unavailable

Posted on October 29, 2024 by rtushnet

Wesley Financial Gp. v. Westgate Resorts, Ltd., 2024 WL 4581512, No. 6:23-cv-2347-RBD-LHP (M.D. Fla. Aug. 28, 2024) A rare timeshare exit company lawsuit against a timeshare developer, alleging false advertising and related claims. It’s unsuccessful but points to practices that … 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

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

accusing someone of patent infringement can be actionable disparagement if you know the patent’s invalid

Posted on October 9, 2023 by rtushnet

Cap Export, LLC v. Zinus, Inc., 2023 WL 6381821, No. 2:21-cv-07148-JWH-MRWx (C.D. Cal. Sept. 28, 2023) Cap Export alleged that Zinus fraudulently obtained a patent after Zinus used the public domain bed-in-a-box sets of a non-party as the basis for … 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

accusing a home inspectors’ group of link with NAMBLA isn’t believable enough for defamation

Posted on October 6, 2021 by rtushnet

Examination Board of Professional Home Inspectors v. International Association of Certified Home Inspectors, 2021 WL 492482, No 18-cv-01559-RBJ (D. Colo. Feb. 10, 2021) Although an individual’s comments linking his rival to NAMBLA and Jeffrey Dahmer were non-actionable non-facts, statements arguably … Continue reading →

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