By Susan Cook and Rebecca Mandel (September 11, 2017, 12:17 PM EDT) -- Recent case law underscores the importance of demonstrating a strong causal link between the false or misleading statement forming the basis of a Lanham Act false advertising claim and the resulting injury to the plaintiff. These decisions provide valuable guidance for any company that wishes to pursue or needs to defend against a false advertising claim.
The elements of a false advertising claim under the Lanham Act are well known. To succeed on a false advertising claim under the Lanham Act, a plaintiff typically must show (1) that the defendant made a false or misleading statement of fact about a product;...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!