fbpx
Monday, 29 July 2019 16:42

U. S. District Judge Dismisses Repairify’s Lawsuit Against AirPro

Written by

Index

 

Kelly continued, “Having said that, we fully intend to defend ourselves in the appropriate forum against malicious, false and unfair attacks by others. Unfortunately, we have been forced into a frustrating distraction from the focus on our product and customers resulting in the filing of the attached lawsuit.”

 

On April 28, Repairify requested an injunction against AirPro, asking the court to force AirPro to remove various statements from its website; AirPro opposed the injunction and in a May 15 statement said “This case is all about our Truth Campaign posted on our website, which we firmly stand by. We welcome this opportunity to finally flush out the truth to educate repairers, OEM’s and the industry at large regarding the honest differences between our technology and services versus that of asTech.”

 

Repairify’s lawsuit stated that AirPro’s attacks against the asTech product had no foundation: “The AirPro website includes misleading statements suggesting that AirPro does have insider knowledge of the current asTech device, and thus is qualified to compare the asTech device with AirPro.”

 

Because the allegedly misleading comments are found on AirPro’s website, they are available for the whole world, including Texas to see. Judge Werlein’s ruling shows how the court evaluates jurisdiction in cases against companies with broad online presences.

 

Although Judge Werlein stated that asTech would be free to sue in Texas if they had produced evidence that AirPro had directly emailed Texas customers with the allegedly defamatory comments, according to the final judgement, “Defendant’s uncontroverted evidence is that, although it distributed the materials about which Plaintiff complains (and which Defendant maintains are truthful), ‘none of the individuals or entities that received the information were located in the state of Texas or ‘based in the state of Texas.’”

 

asTech’s argument that AirPro had emailed Asbury Automotive Group, a national chain doing business in Texas and an asTech customer, Judge Werlein said it did not create Texas jurisdiction since the email was sent to a regional manager in Atlanta.