Boasting of Product’s Superiority to Unnamed Current and Potential Clients Not Commercial Speech

The court granted defendant’s motion to dismiss plaintiff’s false advertising claim because plaintiff did not assert defendant made the statements in commerce. “Nowhere does Plaintiff aver that ‘the Defendant placed the false or misleading statement in interstate commerce.’ Rather, the Complaint asserts that Defendants bragged of its superior performance to some unidentified number of unnamed current and potential ‘clients’ without any further facts supporting how such disclosures satisfy the commerce element.”

RoyaltyStat, LLC v. IntangibleSpring, Corp. et al, 8-15-cv-03940 (MDD 2018-01-10, Order) (Paula Xinis)

2018-01-12T12:54:09+00:00 January 12th, 2018|Docket Report, Trademark|