ZL TECHNOLOGIES, INC. v. Gartner, Inc.

Good Law

709 F. Supp. 2d 789·2010 WL 1801582·2010 U.S. Dist. LEXIS 42883

United States District Court, Northern District of CaliforniaMay 3, 2010Case CV 09-02393 JF(PVT)California6,505 words

Opinion

Fogel, J.

ORDER GRANTING MOTION TO DISMISS

I. BACKGROUND

1. Procedural Background

Plaintiff ZL Technologies, Inc. (“ZL”) filed its original complaint against Defendants Gartner, Inc. and Carolyn DiCenzo (collectively, “Gartner”) on May 29, 2009, alleging seven claims for relief: (1) defamation of character; (2) trade libel; (3) false statements under § 43(a) of the Lanham Act concerning Gartner’s products and services; (4) false statements under § 43(a) of the Lanham Act concerning products of Symantec Corporation (“Symantec”); (5) false or misleading advertising under California Business and Professions Code § 17500; (6) unfair competition under California Business and Professions Code § 17200; and (7) negligent interference with prospective economic advantage. Gartner moved to dismiss for failure to state a claim upon which relief may be granted pursuant to Rule 12(b)(6). On October 23, 2009, the Court granted Gartner’s motion in its entirety, with leave to amend except as to ZL’s claims under the California Business and Professions Code and for negligent interference with prospective business advantage.

On December 4, 2009, ZL filed its first amended complaint (“FAC”) alleging claims…

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