Court considers fake reviews not deceptive if they're just puffery

Jive Commerce, LLC  v. Wine Racks America, Inc., 2018 WL 3873675, No. 1:18-CV-49 TS-BCW (D. Utah Aug. 15, 2018)The parties compete in the wine rack and wine cellar industry. Jive’s principal Jason Miller was formerly employed by WRA. Miller fell out with WRA’s owner, Jeffery Ogzewalla, and founded Vino Grotto.  Jive alleged various acts by WRA to harm its business, such as using Jive’s Vino Grotto and Home Collector Series marks in search engine ads to redirect consumers to WRA’s websites. WRA’s website allegedly copies content, images, trade dress, and look and feel from Jive’s website. WRA also allegedly contacted Jive’s vendors to persuade them not to work with Jive and made defamatory comments about Jive/Miller. WRA also allegedly posted false and deceptive positive reviews on the internet, and also forged photographs and address information on their website “to create the illusion of legitimacy and to hide the…

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