News Brief

Benford Obtains Pretrial Ruling, Drastically Reducing Plaintiffs’ Damages in Lanham Act / Unfair Competition Case

August 12, 2021

John Benford (Of Counsel-Orlando, FL) obtained a series of partial summary judgments and orders in favor of a timeshare exit company, reducing plaintiffs’ damages from $20.6 million to approximately $500,000 in three-year Lanham Act / unfair competition litigation. Plaintiff, one of the largest timeshare companies in the world, and its affiliate entities sued the firm’s client in the Middle District of Florida, alleging the firm’s client made numerous false and misleading statements in assisting consumers in terminating their timeshare contracts. Under the Lanham Act, plaintiff claimed false advertising, tortious interference, and deceptive and unfair trade practices. Amy and John were able to get the Lanham Act claim dismissed in its entirety, limiting plaintiff’s damages to less than 5 percent of the original demand, five days before trial.

Natalie Bourff (Associate-Orlando, FL) played an integral part on the litigation team, providing valuable assistance during the litigation, including in the preparation of extensive court filings. 

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