Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine, publicly-available data was reported on the website. The claims sounded in copyright and trademark. Our client filed a declaratory judgment action seeking a determination of non-infringement on various grounds, and the defendants filed mirror-image counterclaims.
From the decision: "As set forth herein, Plaintiff’s Motion to Dismiss is GRANTED as to Defendants’ trademark infringement, unfair competition, deceptive trade practices, and trademark dilution counterclaims. The Court GRANTS Plaintiff’s Motion to Dismiss as to Defendants’ copyright infringement counterclaims for statutory damages and attorney’s fees but DENIES the Motion as to Defendants’ copyright infringement counterclaims seeking other relief."
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