Boarding School Review, LLC v. Delta Career Education Corp.

Order GRANTING Plaintiff's Motion to Dismiss Pursuant to FRCP 12(b)(6)


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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Topics:  Cease and Desist, Copyright, Infringement, Motion to Dismiss, Trademarks, Unfair or Deceptive Trade Practices

Published In: Business Torts Updates, Civil Rights Updates, Communications & Media Updates, Constitutional Law Updates, Intellectual Property Updates

Reference Info:Decision | Federal, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ronald Coleman, Goetz Fitzpatrick LLP | Attorney Advertising

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