Tag Archives: tortious interference

law firm alleging clients lost to competitor satisfies Lexmark, in part

Brave Law Firm, LLC v. Truck Accident Lawyers Group, Inc., No. 17-1156-EFM-JPO, 2019 WL 2073872 (D. Kan. May 10, 2019) Brave, a personal injury firm, sued various parties for violating the Lanham Act and Kansas state law.   It alleged … Continue reading

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Non-party video provides plausibility to falsify claim that hose is “tough enough to tow a truck”

Telebrands Corp. v. Ragner Technol. Corp., No. 16-3474 (ES) (MAH), 2019 WL 1468156 (D.N.J. Apr. 3, 2019) “The dispute between these parties spans multiple lawsuits, multiple jurisdictions, and even multiple countries.” Ragner owns patents for expandable hoses.  Telebrands sells expandable … 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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Lawyer’s solicitation of litigation against timeshare company could violate Lanham Act

Diamond Resorts International, Inc. v. Aaronson, — F. Supp. 3d —-, 2019 WL 1445181, No. 17-cv-1394-Orl-37DCI (M.D. Fla. Mar. 5, 2019) With all the discussion about “opening up the libel laws,” it’s notable that Lexmark has accomplished very much the … Continue reading

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Former supplier can sue supplement maker for falsely implying FDA approval & making claims based on old ingredients

In re Elysium Health-Chromadex Litig., 2018 WL 4907590, No. 17 Civ. 7394 (CM) (S.D.N.Y. Sept. 27, 2018)    Elysium, which makes dietary supplements, sued Chromadex, a former supplier, for false advertising under the Lanham Act, trade libel, deceptive business practices … Continue reading

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Amazon not liable for use of TM in review

Sen v. Amazon.com, Inc., 2018 WL 4680018, No. 16-CV-01486-JAH-JLB (S.D. Cal. Sept. 28, 2018) Sen owns the trademark “Baiden” for skin-exfoliation products. Amazon bought “Baiden” through Google’s AdWords program and on other search engines. In 2012, Sen sued Amazon for … Continue reading

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Using part of an “anticipated order” from a competitor’s supplier constitutes reverse passing off, despite Dastar

OTR Wheel Eng’g, Inc. v. West Worldwide Servs., Nos. 16-35897 16-35936, 2018 U.S. App. LEXIS 20520 (9th Cir. Jul. 24, 2018) OTR Wheel and West compete to sell industrial tires. “West asked one of OTR’s suppliers to provide him with … Continue reading

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