No, wood is good: possibility of detecting image manipulation keeps image from literal falsity

Louisiana-Pacific Corp. v. James Hardie Building Prods., Inc., No. 3:18-cv-00447-JPM, 2018 WL 3978364 (M.D. Tenn. Aug. 20, 2018)LP challenged statements JH made regarding engineered wood siding products in its “No Wood Is Good” marketing campaign. The parties compete in the manufactured siding industry. LP claims to be the “undisputed leading manufacturer and distributor of stand-based engineered wood siding products in the United States.” JH produces cement-based siding products that it markets as alternatives to engineered wood siding, including LP’s products. JH made superiority claims on www.nowoodisgood.com and www.nowoodsgood.com, in promotional materials, and in representations made by its agents to prospective customers. It stated that engineered wood sidings are inferior because “pests love” engineered wood sidings, and that engineered wood sidings are “natural fuel for fire,” “susceptible to water…

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