(The Return of) Ignatz, by Sam Heldman

Monday, July 29, 2002

Eleventh Circuit A pretty interesting case today about contact lenses. Johnson & Johnson v. 1-800 Contacts reverses the grant of a preliminary injunction against an advertising campaign under the Lanham Act (which, to make a long story short, prohibits false or misleading ads). Various interesting sub-holdings about what it takes to prove something false, about the element of materiality, about the distinction between "false" and "misleading", about when it's necessary to have evidence of consumer reaction to the ads, etc. Many consumer-rights lawyers in Alabama have tended to avoid the Lanham Act because (I think) they wanted to avoid federal jurisdiction. Maybe it's worth another look; this case, despite its pro-defendant outcome, makes it look tantalizing.

posted by sam 7:49 PM 0 comments


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