- Category
- Articles
- Date
- Sept. 09, 2014
- Title
-
2nd Circ. Ruling May Spark More Lanham Act Cases
"2nd Circ. Ruling May Spark More Lanham Act Cases" an article by litigation partners Harold P. Weinberger, Jonathan M. Wagner and Norman C. Simon and associate Kurt M. Denk, appeared in the "Expert Analysis" section of Law360. The article examines a recent Lanham Act decision of the United States Court of Appeals for the Second Circuit which clarified “certain aspects of [the circuit’s] false advertising jurisprudence.” Merck Eprova AG v. Gnosis S.p.A., No. 12-4218-cv(L) (2d Cir. July 29, 2014). In affirming a district court decision awarding damages and corrective advertising in the context of a two-player market, a unanimous panel identified two legal presumptions that a trial court may apply where literal falsity and deliberate deception have been proven.
Related People
-
-
Jonathan M. Wagner
-
- Partner
- Co-author
- New York
- vcard
-
-
-
Norman C. Simon
-
- Partner
- Co-author
- New York
- vcard
-
