NETQUOTE, INC., a Colorado corporation, Plaintiff, v. BRANDON BYRD, an internet user making use of the IP Addresses 64.136.27.226 and 64.136.26.227, and MOSTCHOICE.COM, INC., a Georgia corporation, Defendants., 504 F. Supp. 2d 1126

Summary

The court ruled that, under Colorado law, a claim of unfair competition required that the public be deceived or confused as to whether the company or the competitor was the source of the internet insurance services. Dismissing that claim, the court ruled that the company's allegations did not lend themselves to such a conclusion. As to the Lanham Act claim, the court concluded that the complaint could fairly be construed to allege that the competitor's advertising about the poor quality of the company's leads implied that the company's leads generally were of poor quality. Nothing in the advertisements would have notified their readers that the reason the company's leads were of poor quality was because of the false leads submitted by defendants. Thus, the court concluded that the complaint adequately alleged a claim of false advertising under the Lanham Act. The court ruled that the company's allegations did not meet the public impact element required for its claim under Colo. Rev. ...