Carpet installers Empire Today and National Floors Direct (NFD) were engaged in a dispute stemming from fierce direct competition and the departure of roughly ten managers and thirty sales representatives from Empire to NFD “under acrimonious conditions.”
At trial (a rare occurrence before Judge Tauro) Empire asserted trademark infringement and various tortious interference claims against NFD. NFD asserted counterclaims for defamation, false advertising and abuse of process. The jury found against the plaintiff on all its affirmative claims and in favor of defendant on its abuse of process counterclaim, awarding $500,000 in damages. Each party cross moved for JMOL as well as for judgment on dueling 93A claims. Judge Tauro’s eventual decision was to leave the parties in the same condition the jury left them.