Tag Archives: tortious interference

Yelp avoids liability for allegedly biased filter yet again

Posted on November 10, 2016 by rtushnet

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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Spy Phone v. spy phone: Google loses motion to dismiss TM and other claims

Posted on October 18, 2016 by rtushnet

Spy Phone Labs LLC. v. Google Inc., No. 15-cv-03756, 2016 WL 6025469 (N.D. Cal. Oct. 14, 2016) The plaintiff here, an app maker with a registered mark for Spy Phone for a monitoring app, squeaks past dismissal of its trademark … Continue reading →

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failure to speak can be advertising but not presentations to trainers

Posted on August 10, 2016 by rtushnet

WIKA Instrument I, LP v. Ashcroft, Inc., 2015 WL 11199059, No. 13-CV-43 (N.D. Ga. Jul. 10, 2016) WIKA sued Ashcroft, a competing maker of pressure gauges, for false advertising and related claims, and Ashcroft counterclaimed similarly.  WIKA sells the XSEL … Continue reading →

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When are lost sales consequential damages?

Posted on February 29, 2016 by rtushnet

BPI Sports, LLC v. Labdoor, Inc., 2016 WL 739652, No. 15-62212 (S.D. Fla. Feb. 25, 2016)   BPI makes supplements, including “Best BCAA,” which contains branched chain amino acids (BCAAs) in multi-chain peptide form, rather than isolated, free-form BCAAs. LabDoor’s … Continue reading →

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Lexmark means what it says, except when it says not to use the word “standing”

Posted on October 8, 2015 by rtushnet

New Jersey Physicians United Reciprocal Exchange v. Boynton & Boynton, Inc., Nos. 12-5610, 13-2286, 2015 WL 5822930 (D.N.J. Oct. 1, 2015)   Plaintiff NJ PURE sued Boynton, who added third-party defendants Joanna Elias and Eric Poe. Boynton is an insurance … Continue reading →

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Court finds misleading omissions can deprive ISP of 230 protection

Posted on August 21, 2015 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, No. 14-cv-01932, 2015 WL 4911585 (D. Colo. Aug. 18, 2015)   General Steel sued Chumley and Atlantic Building, of which he was CEO, for false advertising, libel, and intentional interference with prospective business … Continue reading →

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Connecticut taxi companies’ claims against Uber fail

Posted on August 18, 2015 by rtushnet

Greenwich Taxi, Inc. v. Uber Technologies, Inc., 2015 WL 4774989, No. 14cv733 (D. Conn. Aug. 13, 2015   Plaintiffs sued Uber for violating the Lanham Act, the Connecticut Unfair Trade Practices Act (CUTPA), and RICO, as well as for intentional … Continue reading →

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11th Circuit recognizes contributory false advertising theory

Posted on August 12, 2015 by rtushnet

Duty Free Americas, Inc. v. Estee Lauder Companies, Inc., — F.3d —- (2015), 2015 WL 4709573, No. 14–11853 (11th Cir. Aug. 7, 2015)   Plaintiff DFA operates duty free stores in many international airports nationwide.  It sued Estée Lauder, arguing … Continue reading →

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Another circuit agrees that Dastar-barred claims can’t be repled as false advertising

Posted on August 7, 2015 by rtushnet

Kehoe Component Sales Inc. v. Best Lighting Products, Inc., — F.3d —-, No. 14–3347, 2015 WL 4635824 (6th Cir. Aug. 5, 2015)   Best asked Kehoe (“Pace”) to make specialized lighting products for Best.  After Pace made enough units to … Continue reading →

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Apples-to-oranges comparison is literally false, justifies finding of irreparable harm

Posted on June 16, 2015 by rtushnet

Market Track, LLC v. Efficient Collaborative Retail Marketing, LLC, 2015 WL 3637740, No. 14 C 4957 (N.D. Ill. June 11, 2015)   Market Track provides business intelligence services, principally tracking and analyzing information relating to consumer advertising. ECRM is Market … Continue reading →

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