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Tag Archives: Competitor's
Using part of an "anticipated order" from a competitor's supplier constitutes reverse passing off, despite Dastar
OTR Wheel Eng'g, Inc. v. West Worldwide Servs., Nos. 16-35897 16-35936, 2018 U.S. App. LEXIS 20520 (9th Cir. Jul. 24, 2018)OTR Wheel and West compete to sell industrial tires. “West asked one of OTR’s suppliers to provide him with sample … Continue reading
Posted in Advertising Law
Tagged "anticipated, Competitor's, constitutes, Dastar, despite, order", Part, Passing, Reverse, Supplier, Using
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Practice tip: don't copy your competitor's product shots
Flowserve Corp. v. Hallmark Pump Co., 2011 WL 1527951 (S.D. Tex.) An introductory note: kudos to the district court for showing us exactly what is going on in this case. It's not quite the delicious irony of appending Action Comics … Continue reading
Posted in Advertising Law
Tagged Competitor's, Copy, don't, practice, Product, Shots
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"Tests Prove" Challenge Fails to Stop Competitor's Diaper Pail Superiority Claim
Denying Playtex's motion for preliminary injunction, a Los Angeles federal court decision illustrates the limits of attacking your adversary's product test methodology instead of also presenting your own product testing data in Lanham Act cases. In Munchkin, Inc. v. Playtex … Continue reading
Posted in Advertising Law
Tagged challenge, claim, Competitor's, Diaper, fails, Pail, Prove", Stop, Superiority
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