False Advertising Injunction Upheld Against Viance

Law360, New York (August 3, 2010, 5:32 PM EDT) -- A federal appeals court has largely upheld a preliminary injunction that prevents Viance LLC from making derogatory advertising statements concerning the safety of a product made by rival wood preservative company Osmose Inc.

A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit ruled Friday that the district court did not err in determining that Osmose demonstrated a likelihood of success on its Lanham Act claims.

Along those lines, the Eleventh Circuit agreed that the various statements in the advertisements were “establishment” claims...
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