568 F.Supp.2d 1369 (July 15, 2008)

Manufacturer of night vision devices sued competitor, asserting claims for alleged trademark infringement, false advertising, unfair competition under Lanham Act and Florida law, and deceptive and unfair trade practices under Florida law. Competitor asserted counterclaims against manufacturer and its owner for declaratory judgment, alleged Lanham Act trademark and trade dress infringement, Lanham Act unfair competition, common-law unfair competition, tradesecret misappropriation, and business
disparagement. Manufacturer and owner moved to dismiss counterclaims.

The District Court, Anne C. Conway, J., held that:

(1) district court would dismiss, without leave to amend, counterclaim for
declaratory judgment;

(2) competitor stated trademark infringement claim under Lanham Act;

(3) competitor stated claims under Lanham Act for unfair competition and false
designation of origin;

(4) competitor failed to state claim for trade dress infringement;

(5) competitor failed to state claim for misappropriation of trade secrets; and

(6) competitor failed to state claim for business disparagement under
Pennsylvania law or injurious falsehood under Florida law.

Motions to dismiss granted in part and denied in part.