Tag Archives: tortious interference

The other Redbox case: the color may fade, but not the mark

Posted on February 23, 2018 by

Redbox Automated Retail, LLC v. Xpress Retail LLC, 2018 WL 950098, No. 17 C 5596 (N.D. Ill. Feb. 20, 2018) Redbox sued defendant DVDXpress alleging trademark infringement and false advertising; DVDXpress moved to dismiss and asserted counterclaims/affirmative defenses, some of … Continue reading →

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Are Crocs’ uniqueness claims a crock?

Posted on October 2, 2017 by

Crocs, Inc. v. Effervescent, Inc., No. 06-cv-00605, 2017 WL 4286148 (D. Colo. Sept. 25, 2017) Crocs makes molded clogs, and Dawgs is a competitor. Allegedly, “[e]ach and every functional feature disclosed in the [’858] patent application, except the heel strap, … Continue reading →

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a few misrepresentations aren’t commercial advertising or promotion

Posted on July 5, 2017 by

Solmetex, LLC v. Dental Recycling, Inc., No. 17-cv-860, 2017 WL 2840282 (S.D.N.Y. Jun. 26, 2017) The parties compete in the market for devices for removing particulate from dental office wastewater. (Did I mention how much I love learning about market … Continue reading →

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allegedly false generic claims not actionable, but contributory liability possible

Posted on March 20, 2017 by

Concordia Pharm. Inc., S.À.R.L. v. Winder Laboratories, LLC, 16-CV-00004 (N.D. Ga. Mar. 15, 2017) Concordia makes Donnatal to treat irritable bowel syndrome and acute enterocolitis.  (There’s related litigation that ended badly for the defendant there.)  Concordia’s predecessor had conditional approval … Continue reading →

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allegedly false generic claims not actionable, but contributory liability possible

Posted on March 20, 2017 by

Concordia Pharm. Inc., S.À.R.L. v. Winder Laboratories, LLC, 16-CV-00004 (N.D. Ga. Mar. 15, 2017) Concordia makes Donnatal to treat irritable bowel syndrome and acute enterocolitis.  (There’s related litigation that ended badly for the defendant there.)  Concordia’s predecessor had conditional approval … Continue reading →

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Failing to disclose refund policy does not make price claims literally false

Posted on December 2, 2016 by

First Data Merchant Services Corp. v. SecurityMetrics, Inc., — Fed.Appx. —-, 2016 WL 7010889, No. 15-2301, No. 15-2364 (4th Cir. Dec. 1, 2016) Lower court opinion discussed here.  The court of appeals affirmed the district court’s rejection of the parties’ … Continue reading →

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Yelp avoids liability for allegedly biased filter yet again

Posted on November 10, 2016 by

Albert v. Yelp, Inc., 2016 WL 3910830, No. G051607, 44 Media L. Rep. 2357 (Cal. Ct. App. July 15, 2016) Albert, who operates a small law office, sued Yelp for various claims, and Yelp brought an anti-SLAPP motion.  Although she … Continue reading →

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