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Last active November 17, 2023 20:30
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Summary of holding in MILLERKING, LLC vs DONOTPAY, INC.
- The judicial holding or decision of the court was to grant DNP's motion to dismiss the case for lack of subject matter jurisdiction.
1. With respect to MK's allegations in Count I and II under the Lanham Act, MK alleged that DNP's false representations likely caused consumer confusion and direct diversion of clients or loss of goodwill. However, the court found these allegations insufficient to establish Article III standing. Specifically, the court noted that MK did not allege any facts to support that it lost actual revenue, incurred added expenses, lost any specific clients to DNP, or that clients considered withholding business from MK or were even aware of DNP. The court concluded these conclusory allegations did not demonstrate a concrete injury.
2. For the injury to MK's reputation and goodwill alleged in Counts I and II, the court addressed this by finding MK provided no facts to support this claim. The court noted the complaint only referenced DNP's poor customer service reviews but did not allege how any failures by DNP were specifically imputed to MK or the reputation of lawyers generally. The court determined these allegations were too conclusory and not supported by any specific facts showing MK's goodwill was actually harmed.
3. While MK cited the Lexmark case, the court distinguished it by finding MK's allegations were not as specific or factually supported as those in Lexmark. The court did not find MK's general allegations of lost sales or damages as a competitor were sufficiently pled without more factual enhancement.
4. For the IUDTPA claim in Count III, the court noted MK only alleged it was "likely" damaged but provided no facts demonstrating a concrete, particularized injury had occurred. The court viewed this allegation as conclusory.
5. By dismissing the entire complaint, the court implicitly found the allegations in Count IV regarding unauthorized practice of law were also insufficiently pled to demonstrate a concrete injury and thus Article III standing was lacking.
Therefore, in considering each allegation and finding the complaint provided only conclusory statements without supporting facts, the court determined MK had not met its burden to establish subject matter jurisdiction and granted DNP's motion to dismiss on that basis.
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The above is a summary generated by Claude 2 100k. Prompts & Outputs at: https://poe.com/s/d9bMSg1ch4g3ARv7RiPe
Cached copy of the case: https://drive.google.com/file/d/1NG914znapSw1rZc9AxEXeY8KCuZDZKAr/view
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