Tag Archives: Competitor

law firm alleging clients lost to competitor satisfies Lexmark, in part

Brave Law Firm, LLC v. Truck Accident Lawyers Group, Inc., No. 17-1156-EFM-JPO, 2019 WL 2073872 (D. Kan. May 10, 2019)Brave, a personal injury firm, sued various parties for violating the Lanham Act and Kansas state law.  It alleged that “from … Continue reading

Posted in Advertising Law | Tagged , , , , , , , | Leave a comment

Competitor can't stop allegedly false promotion of unapproved substances bearing CYA "not for human use" warnings

Nutrition Distribution LLC v. Pep Research, LLC, 2019 WL 652391, No. 16cv2328-WQH-BLM (S.D. Cal. Feb. 15, 2019)Nutrition Distribution sued Pep for false advertising under the Lanham Act, alleging that its competitor, a supplement company, falsely advertised certain prescription-only drugs and … Continue reading

Posted in Advertising Law | Tagged , , , , , , , , , , , , | Leave a comment

Does a Refusal to Deal With a Competitor Create Antitrust Liability?

Author: Jarod Bona Yes, in certain narrow circumstances, refusing to do business with a competitor violates Section 2 of the Sherman Act, which regulates monopolies, attempts at monopoly, and exclusionary conduct. This probably seems odd—don’t businesses have the freedom to … Continue reading

Posted in Antitrust - Competition law | Tagged , , , , , | Leave a comment

Applying Lexmark, ED Pa. Holds 43(a)(1)(A) Claim May Be Brought Against Competitor But Not Competitor’s Customers

Plaintiff extracts spring water. One defendant allegedly extracts well water, which it misrepresents as spring water to other defendants, who are bottlers, and who also misrepresent the water as spring water. Applying Lexmark, court holds that bottler defendants’ alleged false … Continue reading

Posted in Advertising Law | Tagged , , , , , , , , , | Leave a comment

Buc-ee’s Beaver Chomps Reptilian Competitor

About a week ago, we reported on an interesting case out of the Southern District of Texas involving two competing convenience stores with cartoon animal mascots: Buc-ee’s (a beaver) and Choke Canyon (an alligator). As someone who has personally visited … Continue reading

Posted in Advertising Law | Tagged , , , , | Leave a comment