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ARTICLE · 06 DECEMBER 2018

Copycat Claim Fails

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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TrustID, a caller ID service, brought an action in the district court of Delaware against its competitor, Next Caller Inc., alleging trade secret misappropriation ...

United StatesMedia, Telecoms, IT, Entertainment

TrustID, a caller ID service, brought an action in the district court of Delaware against its competitor, Next Caller Inc., alleging trade secret misappropriation, tortious interference and false advertising.  The premise of plaintiff's false advertising claim was that defendant copied plaintiff's own assertions about Plaintiff's products and advertised that those same benefits could be achieved via use of Defendant's product.  

Plaintiff alleged that, unlike plaintiff itself, who invested considerable time and money to test, measure, and validate the performance of its own anti-spoofing and caller-authentication technologies in order to make certain savings claims, defendant simply copied the claims without testing its own products. Defendant filed a motion to dismiss, arguing that the plaintiff did not plead sufficient facts to demonstrate how any of the alleged advertising conduct amounts to making "false" statements regarding Defendant's own products.

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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