EBay Seller’s Defamation Claim Restored

Allegedly defamatory statements made by an exercise equipment manufacturer in an e-mail to eBay Inc. — in an attempt to remove a reseller’s products — were not privileged because the manufacturer failed to assert a good faith basis for its allegations, the Ohio Court of Appeals held Aug. 17 (Jascar Enters., LLC v. Body by Jake Enters., LLC, Ohio Ct. App., 14AP0006, 8/17/15).

Judge Jennifer L. Hensal, in reinstating the defamation claim, said that the lower court’s analysis of qualified privilege incorrectly focused on statements made in the initial infringement notice, which didn’t allege counterfeiting or form ...