On Monday, the U.S. Supreme Court granted certiorari in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund (13-435), an appeal in which Omnicare has asked the Court to ...
On June 2, 2023, the Ninth Circuit reversed a dismissal of Plaintiff Enigma Software Group’s (“Enigma”) Lanham Act false advertising and related state law claims against its competitor, Defendant ...
Ninth Circuit rulings separate subjective opinions from verifiably false statements under Lanham Act
In Enigma Software Group USA, LLC v Malwarebytes, Inc (21-16466; 9th Cir; 2 June 2023) – a case originally based on a false advertising claim under Section 43(a) of the Lanham (Trademark) Act – the US ...
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