Whitney Information Network, Inc. v. Gagnon

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• dismissing claim under the prima facie tort doctrine, with prejudice, and noting that “Florida does not recognize this cause of action”
• “A motion to dismiss a counterclaim under [Rule] 12(b)(6) is evaluated in the same manner as a motion to dismiss a complaint.”
• “Under Florida law, abuse of process involves the use of criminal or civil legal process against another primarily to accomplish a purpose for which it was not designed.”
• “The Court concludes that in order to state a claim under these statutory provisions, one of the parties must hold a registered trademark with the USPTO; the existence of a pending application is not sufficient.”

Source: CourtListener parenthetical corpus (CC0).