Med Script Pharm., LLC v. My Script, LLC, No. 14 C 469, Slip Op. (N.D. Ill. Dec. 11, 2014 (Gettleman, J.).
Judge Gettleman granted in part defendants’ various Fed. R. Civ. P. 12(b)(6) motions to dismiss plaintiff Med Script’s Lanham Act false advertising and other state law claims. Of particular note, the Court held as follows:
- Plaintiff Med Script’s fraud-based complaints, except civil conspiracy, were sufficiently pled pursuant to Fed. R. Civ. P. 9(b). It was enough that Med Script pled that defendants’ employees falsely told Med Script’s customers that Med Script was out of business and had changed its name to My Script. Med Script was not required to identify the specific employees that made the statement.
- Med Script’s civil conspiracy was not pled with sufficient particularity because it lacked sufficient detail about the conspirators’ alleged agreement.
- The Court dismissed the claims as to those defendants not specifically identified in a particular claim, although not as to those defendants named in the claim.
- While the facts gathered in discovery may show otherwise, when liberally construed, Med Script’s allegations that defendants contacted Med Script’s customers could be a sufficient portion of the relative industry, as required for a Lanham Act false advertising claim.