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FireClean v Tuohy Opinion.pdf


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Case 1:16-cv-00294-JCC-MSN Document 48 Filed 07/21/16 Page 3 of 30 PageID# 774

[Dkt. 1-3] at 1.)

Nonparty George Fennell, who makes a

competing gun oil, appears to be the originator of those
criticisms.

(Compl. ¶ 66; Compl. Ex. C at 1.)3

Fennell posted a

video online purporting to demonstrate that FIREClean was
“pretty much a Crisco oil” and another video allegedly shows
FIREClean and Crisco smoking and burning on a stove at the same
temperature.

(Compl. ¶ 66; Compl. Ex. C at 1.)

Plaintiff filed

a defamation and false advertising lawsuit against Fennell on
the same day it filed the present lawsuit.

See FireClean, LLC

v. Fennell, 1:16-cv-293 (E.D. Va. filed Feb. 17, 2016).4
Defendant Tuohy maintains a firearms website called
Vuurwapen Blog.5

(Compl. ¶ 13.)

Around August 2015, Tuohy

became interested in the online allegations that FIREClean is
chemically indistinguishable from common cooking oil.
¶ 66; Compl. Ex. C at 1; Tuohy Decl. [Dkt. 12-2] ¶ 9.)

(Compl.
Tuohy

sent Ed Sugg a Facebook message asking “Ed, Do you guys have a
response to the claims that FireClean is just Crisco?”

3

(Compl.

Page number citations for exhibits refer to the
pagination assigned by the Electronic Case Management system.
4
On July 1, 2016, the Honorable Judge Ellis denied
Fennell’s motion to transfer to a more convenient forum and
denied a motion to dismiss for failure to state a claim. See
Order, FireClean, LLC v. Fennell, 1:16-cv-293 (E.D. Va. July 1,
2016), ECF No. 49. Fennell did not challenge personal
jurisdiction in Virginia.
5
“Vuurwapen” means “firearm” in Dutch. (Def. Tuohy
Mem. in Supp. [Dkt. 12-1] at 1.)
3