Proving Injury In Lanham Act False Ad Cases

Law360, New York (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...
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