Claims for conversion and deceptive trade practices under Lanham Act not cognizable
Bavarian Nordic A/S, et al. v. Acambis, Inc, et al., No. 05-614-SLR, May 15, 2007.
Robinson, C.J. The Court ruled in defendants’ favor and against plaintiffs on cross motions for summary judgment where plaintiffs failed to establish claims for conversion or violation of Lanham Act.
Plaintiffs brought claims for tortious interference and unfair competition based on defendants’ commercial use of a certain virus allegedly owned by plaintiffs. The plaintiffs moved for summary judgment on the tortious conversion claim, and defendants moved for summary judgment on all claims. The Court ruled in defendants’ favor and against plaintiffs on these cross motions where plaintiffs failed to establish claims for conversion or violation of Lanham Act. The Court held that conversion cannot lie in the absence of physical possession of the actual good or chattel owned by plaintiff under Maryland and Massachusetts law. Furthermore, the term “origin of goods” under the Lanham Act refers to the producer of tangible goods and not the source of the intellectual property that the product contains.
A copy of the full opinion is available here.
