Law360, New York (September 9, 2014, 11:09 AM EDT) -- Merck Eprova AG v. Gnosis SPA, which was recently decided by the Second Circuit, addresses two legal presumptions that trial courts may apply in false advertising cases. The unanimous decision authored by Judge Rosemary Pooler sought "to clarify certain aspects of [Second Circuit] false advertising jurisprudence," and in doing so contributes to an active season for Lanham Act jurisprudence as a whole. Coming after two unanimous U.S. Supreme Court rulings clarifying — and arguably broadening — who can bring Lanham Act false advertising suits, Merck may ease some plaintiffs' evidentiary burdens with respect to proving liability and recovering damages, and auger increased activity in this area of the law.[1]...
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