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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND * 180s, INC., et al., * * Plaintiffs, * * v. * Civil No. JFM 08-0177 * GORDINI U.S.A., INC., * * * Defendant. ***** MEMORANDUM

Plaintiffs 180s, Inc. and 180s, LLC (collectively "180s") bring suit for patent and trade dress infringement against Defendant Gordini U.S.A., Inc. ("Gordini"). Gordini asserts three counterclaims, two of which 180s has moved to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. 180s seeks to dismiss Gordini's counterclaims alleging intentional interference with contract and intentional interference with prospective economic advantage.1 (Pls.' Mot. to Dismiss 1.) The issues have been fully briefed and no hearing is deemed necessary. Local Rule 105.6 (D. Md. 2008). For the reasons stated below, 180s' motion to dismiss is granted as to Gordini's second counterclaim and denied as to the third. I. 180s is "a Baltimore-based maker of performance wear founded by two University of

The first counterclaim, which 180s does not seek to dismiss, requests declaratory relief as to the patents and trade dress claims asserted by 180s. (Def.'s Answer, Affirmative Defenses, and Counterclaims ("Def.'s Counterclaims") at 13.) 1

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Pennsylvania Wharton Business School students who invented and patented the first-of-its-kind wrap-behind-the-head ear warmer." (Pls.' Mem. Supp. Mot. to Dismiss Counterclaims ("Pls.' Mem.") at 2.) 180s alleges that its successful invention has been followed by a flood of knockoff ear warmers, against which 180s has been vigorous in enforcing its intellectual property rights. (Id.) In this case, 180s alleges patent and trade dress infringement on the basis of Gordini's manufacture, use, and sale of a behind-the-head ear warmer sold under the name "Lobz

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Maryland Law