Post Profile

Failure to reevaluate at summary judgment leads to fee award in false advertising case

Design Resources, Inc. v. Leather Indus., 2016 WL 5477611, No. 10CV157 (M.D.N.C. Sept. 29, 2016) After defendants Leather Industries (LIA) and Ashley Furniture prevailed in this false advertising case, they sought a fee award. The Fourth Circuit applies the Octane Fitness standard in Lanham Act cases: exceptional cases deserving fee awards are those “ ‘that stand[ ] out from others with respect to the substantive strength of a party’s litigating position (considering both the governing law and the facts of the case) or the unreasonable manner in which the case was litigated.
read more


Related Posts

Weak TM case won't justify fee award to defendants

Industries / Law : 43(B)log

Gameologist Group, LLC v. Scientific Games Intern., Inc., 2012 WL 1446922 (S.D.N.Y.) Gameologist sued Scientific for various TM and false advertising claims, and the court granted Scientific’s motion for summary judgment. Scientific...

Pay wonderful: extraordinary false advertising case leads to fee award

Industries / Law : 43(B)log

POM Wonderful, LLC v. Purely Juice, Inc., 2008 WL 4351842 (C.D. Cal.) POM Wonderful won its false advertising case against Purely Juice and sought attorneys’ fees, on top of the $1.5 million award it had received as compensatory dam...

Failure to do anything to show damages leads to fee award in false advertising case

Industries / Law : 43(B)log

Gravelle v. Kaba Ilco Corp., No.13-CV-642, 2016 WL 3920208 (E.D.N.C. Jul. 15, 2016) Bringing false advertising claims isn’t risk free for the plaintiff. Not only may the defendant scrutinize the plaintiff’s own advertising for count...

Next! Bonded leather maker loses false advertising claims against critics

Industries / Law : 43(B)log

Design Resources, Inc. v. Leather Industries of America, --- F.3d ----, 2015 WL 3775712 (4th Cir. June 18, 2015) The Fourth Circuit affirmed the district court’s summary judgment kicking out Lanham Act (and coordinate state) false a...

statements to trade journal may be actionable false advertising

Industries / Law : 43(B)log

Design Resources, Inc. v. Leather Industries of America, 2012 WL 4580982 (M.D.N.C.) Plaintiff DRI is in the “leather products” business, selling bonded leather products under the NextLeather brand. Defendant LIA is a trade associati...


Copyright © 2016 Regator, LLC