Junction Solutions, LLC v. MBS Dev., Inc., No. 06 C 1632, 2007 WL 4234091 (N.D. Ill. Nov. 20, 2007) (Gottschall, J.).*
Judge Gottschall dismissed defendant’s Lanham Act false representation and Consumer Fraud Act claims.** Both claims were based on letters allegedly sent by plaintiff to a third party containing false statements about defendant. The Court dismissed the Lanham Act claim because the allegedly false statements were not made in plaintiff’s marketing materials and were not about defendant’s products. Similarly, a letter to one third party was not the general commercial communication required by the Consumer Fraud Act.
* Click here for more on this case in the Blog’s archives.
** The Court also considered other non-IP claims.