Yahoo! alleges that defendant committed trademark infringement by sending fake ltotery spam.  Defendant brings counterclaim alleging that (1) he didn’t commit infringement; (2) therefore he is being defamed.  Yahoo! moves to dismiss counterclaim.  Court notes in decisding Yahoo’s motion to dismiss it must treat non-moving party’s factual allegations as true, not its legal conclusions.  Even if defendant didn’t commit trademark infringement, pertinent statements made in a course of a legal proceeding have an absolute privilege against defamation.

Decision Yahoo Lottery