Tag Archives: tortious interference

another timeshare exit company can be sued under state law, but not Lanham Act

Posted on January 6, 2020 by

Orange Lake Country Club, Inc. v. Reed Hein & Assoc., LLC, 2019 WL 7423517, No: 6:17-cv-1542-Orl-78DCI (M.D. Fla. Oct. 4, 2019) Another timeshare case, this one kicking out Lanham Act claims but not FDUTPA deceptive practices claims on proximate cause. … Continue reading →

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Pot site’s negative report on CBD from hops wasn’t commercial speech

Posted on November 18, 2019 by

Peak Health Center v. Dorfman, 2019 WL 5893188, No. 19-cv-04145-VKD (N.D. Cal. Nov. 12, 2019) Peak allegedly sells plant-based pharmaceuticals and supplements, including an exclusive strain of Humulus yunnanensis, a hops plant, as a source of cannabidiol (CBD). This source … Continue reading →

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Bobby Brown’s failed ROP claim shows some of the cracks in the current ROP tests

Posted on August 15, 2019 by

Brown v. Showtime Networks, Inc., No. 18 Civ. 11078 (CM) (JLC), 2019 BL 290214 (S.D.N.Y. Aug. 02, 2019) Bobby Brown and the Estate of Bobbi Kristina Brown sued Showtime and the BBC (which got out of the case on jurisdictional … Continue reading →

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Monster Energy can’t show falsity, can show tortious interference (but not irreparable injury)

Posted on July 19, 2019 by

Monster Energy Co. v. Vital Pharmaceuticals, Inc., 2019 WL 3099711, No. EDCV 18-1882 JGB (SHKx) (C.D. Cal. Jun. 17, 2019) The court denied a preliminary injunction on Monster’s claim that Vital falsely advertised its “Super Creatine” as “creatine,” because there … Continue reading →

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lack of specifics, even with certification involved, dooms falsity claim

Posted on June 20, 2019 by

Hydro-Blok USA LLC v. Wedi Corp., 2019 WL 2515318, No. C15-671 TSZ (W.D. Wash. Jun. 18, 2019) Wedi and Hydro-Blok compete in the market for construction materials and sealants for use in bathroom systems, including showers. Wedi accused Hydro-Blok of … Continue reading →

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variety in superiority claims can add up to disparagement

Posted on June 20, 2019 by

Deerpoint Group, Inc. v. Agrigenix, LLC, 2019 WL 2513756, No. 18-CV-0536 AWI BAM (E.D. Cal. Jun. 18, 2019) Deerpoint sued Agrigenix for violating the Lanham Act and California’s UCL via false advertising, violating California and federal trade secret law, and … Continue reading →

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photo of competitor’s product not false where it’s indistinguishable; also some design patent functionality

Posted on June 13, 2019 by

Tactical Medical Solutions, Inc. v. KARL 2019 WL 2435859, No. 14 C 06035 (N.D. Ill. Jun. 11, 2019) TMS sued Karl and his sole proprietorship, EMI, for infringement of TMS’s design and utility patents by selling a “knockoff” version of … Continue reading →

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