Code § 4165.02, and commonlaw claims for product disparagement and defamation based on allegations that: (1) Spectra Chrome, in collusion with Brown Brothers, attempted to pass off Cosmichrome-plated samples to prospective customers as being sprayed with its own product and (2) Spectra Chrome made false, defamatory, and misleading statements on its website about Cosmichrome product. In their state-court complaint, Gold Touch and 4136624 Canada asserted claims against Defendants under Ohio s Deceptive Trade Practices Act, Ohio Rev. (Brown Brothers), a Florida corporation that used to be a frequent customer of Cosmichrome product but was later discovered to have alleged ties to Spectra Chrome and two Florida residents a Brown Brothers shareholder and Spectra Chrome s founder (collectively, Defendants). In July 2009, Gold Touch and 4136624 Canada filed suit in Ohio state court (the state court) against, inter alia, Spectra Chrome, a Florida-based company that markets a competing chrome product under its own name Brown Brothers Collision Repair Center, Inc. This case centers on a dispute between competitors in spray-on chrome technology, a plating system designed to coat almost any surface with a durable, metallic finish. Hood, United States District Judge for the Eastern District of Kentucky, sitting by designation. We AFFIRM the district court s dismissal insofar as it was based on a finding that it lacked personal jurisdiction over Defendants, VACATE the district court s dismissal insofar as it was entered with prejudice based on statute-of-limitations grounds, and REMAND for entry of judgment dismissing this action without prejudice. (Plaintiffs), three corporations involved in the manufacture or sale of spray-on chrome technology under the brand name Cosmichrome (Cosmichrome product), challenge the district court s dismissal of their complaint. Plaintiffs Cosmichrome, Inc., 4136624 Canada, Inc., and Gold Touch, Inc. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ON APPEAL F R O M T H E UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO BEFORE: CLAY and WHITE, Circuit Judges HOOD, District Judge.* HELENE N. JAMES HERBERT BROWN, Defendants-Appellees. MCLAUGHLIN BROWN BROTHERS COLLISION REPAIR CENTER, INC. GOLD TOUCH, INC., Plaintiffs-Appellants, v. 11-3697 FILED UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT DEBORAH S. NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 12a1159n.06 No.
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