Facts

Louisiana Pacific Corp. (LP) brought a trademark infringement lawsuit against James Hardie Building Products Inc. (JHBP). LP alleged that JHBP infringed on its registered trademarks by using Google AdWords services to direct consumers to JHBP's website when consumers performed internet search using LP's marks. LP further claimed that this constituted the tort of interference with economic advantage by disrupting their "business relationship" with Internet searchers.

JHBP filed a Rule 12 motion to dismiss.

Result

U.S. District Judge Samuel Conti granted JHBP's motion, finding that although LP had identified some of the allegedly infringed trademarks, the complaint lacked the requisite specificity because it also referred to "other" unidentified trademarks. Moreover, LP's alleged expectation of future sales from internet searches "did not rise to the level of the requisite promise of future economic advantage" for a claim for tortious interference. Judge Conti granted leave to amend the complaint and following that amendment, JHBP answered the complaint and LP's claims for trademark infringement are proceeding on the merits.