Tag Archives: tortious interference

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

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

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

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

preyed on twice over: timeshare and timeshare exit lawyer squabble with consumers as collateral damage

Posted on June 12, 2019 by

Westgate Resorts, Ltd. v. Sussman, No. 6:17-cv-1467-Orl-37DCI (M.D. Fla. May 31, 2019) OK, this fact shocked me: about 35% of Westgate’s timeshare buyers default some time during their loan periods, according to the decision here in this battle in the … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Timeshare wars: no Lanham Act standing for property owner

Posted on May 31, 2019 by

Wyndham Vacation Ownership v. Reed Hein & Assoc., LLC, 2019 WL 2232241, No. 18-cv-02171-GAP-DCI (M.D. Fla. May 23, 2019) Somebody seriously needs to write a story about the litigation war going on between timeshare companies and firms that sue timeshare … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

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

Posted on May 14, 2019 by

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 →

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