RingCentral, Inc. v. Nextiva, Inc.

CourtDistrict Court, N.D. California
DecidedJune 17, 2021
Docket5:19-cv-02626
StatusUnknown

This text of RingCentral, Inc. v. Nextiva, Inc. (RingCentral, Inc. v. Nextiva, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
RingCentral, Inc. v. Nextiva, Inc., (N.D. Cal. 2021).

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9

10 RINGCENTRAL, INC., Case No. 19-cv-02626-NC 11 Plaintiff, ORDER DENYING 12 v. RINGCENTRAL’S MOTION FOR SUMMARY JUDGMENT, AND 13 NEXTIVA, INC., et al., GRANTING IN PART AND DENYING IN PART NEXTIVA’S 14 Defendants. MOTION FOR SUMMARY JUDGMENT 15 Re: Dkt. Nos. 202, 204 16

17 It is a rainy day for cloud-based communications companies. Before the Court are 18 two motions for summary judgment in this business torts case: first, plaintiff and 19 counterclaim-defendant RingCentral, Inc.’s motion for summary judgment on Nextiva’s 20 counterclaim, and second, defendant and counterclaimant Nextiva, Inc.’s motion for 21 summary judgment on RingCentral’s complaint. See Dkt. Nos. 202 (“Nextiva MSJ”), 204 22 (“RC MSJ”). The Court finds that as to RingCentral’s motion, there are triable issues of 23 fact pertaining to all of Nextiva’s counterclaims. As to Nextiva’s motion, the Court finds 24 that there is no genuine dispute as to the claims involving allegedly false positive reviews 25 of Nextiva, but there are triable issues of fact as to all of RingCentral’s remaining claims. 26 Accordingly, the Court DENIES RingCentral’s motion for summary judgment in its 27 entirety, and GRANTS IN PART and DENIES IN PART Nextiva’s motion for summary 1 I. BACKGROUND 2 A. The Parties and Procedural History 3 Plaintiff and counterclaim-defendant RingCentral is a Delaware corporation, with a 4 principal place of business in Belmont, California. Dkt. No. 116 (“TAC”) ¶ 4. 5 RingCentral provides cloud-based unified communications as a service. Id. ¶ 13. Its 6 software-as-a-service communications platform provides a comprehensive set of business 7 communications features for voice, virtual private branch exchange, audio and video 8 conferencing, messaging, contact center collaboration, SMS, online meetings, contact 9 center, and fax. Id. 10 Defendant and counterclaimant Nextiva, Inc. is an Arizona corporation, with a 11 principal place of business in Scottsdale, Arizona. TAC ¶ 6. Nextiva also provides a 12 cloud-based unified communications market with business phone solutions including 13 voice, video, and messaging. TAC ¶ 14. 14 1. Complaint by RingCentral 15 On May 14, 2019, RingCentral filed its initial complaint, alleging claims against 16 unnamed defendants for tortious interference, trade libel, unfair competition, and 17 trademark infringement. Dkt. No. 1. Nextiva first moved to dismiss the complaint for a 18 more definite statement and failure to state a claim, and the Court granted dismissal with 19 leave to amend. Dkt. Nos. 44, 53. Nextiva later moved to dismiss the second amended 20 complaint, and the Court dismissed defendant UnitedWeb, but otherwise denied the 21 motion. Dkt. Nos. 57, 65. On December 31, 2020, RingCentral filed its third amended 22 complaint for (1) tortious interference, (2) defamation, (3) trade libel, (4) unfair 23 competition, and (5) cybersquatting under the Lanham Act, 15 U.S.C. § 1125(d). See 24 generally TAC. 25 2. Counterclaim by Nextiva 26 Nextiva filed its answer on May 12, 2020, and raised five counterclaims against 27 RingCentral: (1) unfair competition under Cal. Bus. & Prof. Code § 17200; (2) false 1 Act, 15 U.S.C. § 1125(a); (4) trade libel; and (5) intentional interference with prospective 2 economic advantage. Dkt. No. 67 (“Counterclaim”). RingCentral moved to dismiss and 3 strike the counterclaims. Dkt. No. 72. On July 17, 2020, this Court dismissed Nextiva’s 4 trade libel and intentional interference counterclaims. Dkt. No. 81. All parties have 5 consented to the jurisdiction of a magistrate judge under 28 U.S.C. § 636(c). See Dkt. Nos. 6 9, 51. 7 B. The Conflict Between the Parties 8 RingCentral and Nextiva are competitors in the cloud-based unified 9 communications market. TAC ¶ 14. According to RingCentral, beginning in mid-2018, 10 Nextiva initiated a widespread scheme to deliberately and maliciously defame RingCentral 11 and wrongfully interfere with its business opportunities, with the goal of improving 12 Nextiva’s competitive standing. TAC ¶ 21. RingCentral alleges that Nextiva engaged in a 13 broad-based internet campaign of falsehoods against RingCentral to wrongfully damage its 14 reputation and steer potential business toward Nextiva. Id. Specifically, RingCentral 15 alleges — and Nextiva admits — that Nextiva’s independent contractor, Baruch Labunski, 16 fabricated fictitious online personas of RingCentral personnel, registered domain names 17 using fake contact information, and created fraudulent websites associated with those 18 domains for the purpose of redirecting users away from RingCentral, and toward unrelated 19 business websites. Id. ¶ 22; Dkt. No. 133 (“Answer”) ¶ 29. 20 Furthermore, RingCentral alleges that Nextiva posted public reviews on several 21 independent online communications and collaboration review websites using fake personas 22 and misleading email addresses. TAC ¶ 24. RingCentral alleges that the fake negative 23 reviews of RingCentral accused them of providing poor services and engaging in dishonest 24 business practices, while the fake positive reviews of Nextiva harmed RingCentral because 25 it furnished Nextiva with a perfect 5-star rating, casting RingCentral in a bad light. See id. 26 ¶ 25 (emphasis added). 27 Similarly, Nextiva alleges that RingCentral carried out a wide-ranging and 1 Nextiva and other competitors, and posted false reviews to inflate RingCentral’s own 2 performance. See Counterclaim ¶¶ 13–17. According to Nextiva, RingCentral allegedly 3 carried out its scheme by creating and maintaining its own comparison webpage (the 4 “/compare page”) using third-party sponsored websites containing a comparison of 5 services and prices between RingCentral and Nextiva. Id. ¶ 26–29. It also created a 6 customer review page (the “/review page”), which aggregates data from other review 7 sources and allows visitors to read reviews from RingCentral’s customers. Id. ¶ 37. 8 Nextiva alleges, however, that the /review page, is misleading. “While each of the sourced 9 websites . . . contain numerous negative reviews of RingCentral when visited directly, no 10 negative reviews appear when viewed through RingCentral’s website.” Id. 11 RingCentral filed a motion for summary judgment on Nextiva’s counterclaims, and 12 Nextiva filed a motion for summary judgment on RingCentral’s complaint. While these 13 were pending, Nextiva noticed the Court saying it no longer intends to pursue its 14 counterclaim theory that arises out of RingCentral’s comparative pricing page. Dkt. No. 15 287. 16 II. LEGAL STANDARD 17 Summary judgment may be granted only when, drawing all inferences and 18 resolving all doubts in favor of the nonmoving party, there is no genuine dispute as to any 19 material fact. Fed. R. Civ. P. 56(a); Tolan v. Cotton, 572 U.S. 650, 651 (2014); Celotex 20 Corp. v. Catrett, 477 U.S. 317, 322 (1986). A fact is material when, under governing 21 substantive law, it could affect the outcome of the case. Anderson v. Liberty Lobby, Inc., 22 477 U.S. 242, 248 (1986). A dispute about a material fact is genuine if “the evidence is 23 such that a reasonable jury could return a verdict for the nonmoving party.” Id.

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RingCentral, Inc. v. Nextiva, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/ringcentral-inc-v-nextiva-inc-cand-2021.