Hyundai Can't Escape Antitrust Claims According to Federal Judge in North Carolina

08.31.2018

CHARLOTTE, NC – The United States District Court for the Western District of North Carolina has denied plaintiffs Hyundai Motor Company’s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim (#36). This means that Defendant DTI, Inc. may proceed with its antitrust, false advertising, and unfair competition counter claims against Hyundai.

As stated in the Order, “Defendant alleges six counterclaims against plaintiffs: (1) illegal restraint of trade in violation of Section 1 of the Sherman Act; (2) illegal monopoly in violation of Section 2 of the Sherman Act; (3) exclusive dealing arrangement in violation of the Clayton Act; (4) false advertising and unfair competition in violation of the Lanham Act; (5) unfair competition in violation of North Carolina’s Unfair and Deceptive Trade Practices Act; and (6) unfair competition under North Carolina common law.” All of these claims survived dismissal and are sufficient to state a claim.

Throughout this trademark infringement litigation, DTI, Inc. has been represented by W. Thad Adams, III, Kathryn A. Gromlovits, Samuel A. Long, and Christina Davidson Trimmer of Shumaker Loop & Kendrick LLP. The case is Hyundai Motor America, Inc. and Hyundai Motor Company v. Direct Technologies International, Inc., d/b/a DTI, Inc., case number 3:17-cv-732-MOC-DSC, in the U.S. District Court for the Western District of North Carolina Charlotte Division. Any inquiries should be directed to Samuel A. Long, lead counsel for DTI.

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Founded in 1925, Shumaker, Loop & Kendrick, LLP is a full-service law firm with more than 260 lawyers and seven offices in Toledo and Columbus, Ohio; Tampa and Sarasota, Florida; Charlotte, North Carolina; Charleston, South Carolina; and Bloomfield Hills, Michigan. Shumaker is a premier provider of quality legal services. Whether it's commitment to clients or work in the community, involvement lies at the core of all of Shumaker’s initiatives.


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