Tag Archives: tortious interference

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 →

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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 →

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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 →

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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 →

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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 →

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contributory liability possible for lawyers in timeshare exit cases

Posted on September 30, 2021 by rtushnet

Diamond Resorts U.S. Collection Development, LLC v. Pandora Marketing, LLC, 2021 WL 1573073, CV 20-5486 DSF (ADSx) (C.D. Cal. Apr. 12, 2021) Another timeshare company v. timeshare exit company case. Here, Diamond sued both the marketers who seek exit clients … Continue reading →

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independent contractors as agents in creating fake reviews

Posted on September 17, 2021 by rtushnet

RingCentral, Inc. v. Nextiva, Inc., 2021 WL 2476879, No. 19-cv-02626-NC (N.D. Cal. Jun. 17, 2021) The parties are cloud-based communications companies. RingCentral offers voice, virtual private branch exchange, audio and video conferencing, messaging, contact center collaboration, SMS, online meetings, contact … Continue reading →

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tortious interference claim from false advertising survives, but why bother?

Posted on September 10, 2021 by rtushnet

Logistick, Inc. v. AB Airbags, Inc., — F.Supp.3d —-, 2021 WL 2433944, No. 3:21-cv-00151-BEN-MDD (S.D. Cal. Jun. 15, 2021) Logistick sells disposable load bars which are used to secure cargo freight during transport. AB allegedly began advertising for a similar … Continue reading →

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pharmaceutical equivalence isn’t therapeutic equivalence/FDA approval

Posted on August 20, 2021 by rtushnet

Concordia Pharmaceuticals Inc., S.À.R.L. v. Winder Laboratories, LLC, 2021 WL 3573118, No. 16-cv-00004-RWS (N.D. Ga. Feb. 17, 2021) Concordia makes DONNATAL, a combination of phenobarbital and belladonna alkaloids (PBA) used to treat irritable bowel syndrome (IBS) and acute enterocolitis. Winder … Continue reading →

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Even a default can’t make false claims made to Amazon violate the Lanham Act

Posted on August 19, 2021 by rtushnet

Wilco Trading LLC v. Shabat, 2021 WL 1146634, No. 8:20-cv-579-TPB-JSS (M.D. Fla. Mar. 8, 2021) (R&R) Wilco is an online reseller, primarily on Amazon. It allegedly sold authentic beauty products made or branded by defendant EL Sales, which nonetheless filed … Continue reading →

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