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Case Citations [i] (July 2016 through April 2017)

handle is hein.ali/retuc0503 and id is 1 raw text is: UNFAIR COMPETITION CHAPTER 2. DECEPTIVE MARKETING § 3. Commercial Detriment of Another N.D.N.Y.2016. Com. (d) cit. and quot. in sup. Yogurt manufacturer brought a claim against competitor, seeking a determination that plaintiff's advertising campaign did not amount to false advertising under the Lanham Act; defendant counterclaimed for false advertising and moved for the entry of a preliminary injunction, seeking to preclude plaintiff from making certain claims in its campaign pending the resolution of the merits of their dispute. This court granted defendant's motion for a preliminary injunction, holding that defendant was likely to prevail on its false-advertising counterclaim. Citing Restatement Third of Unfair Competition § 3, Comment d, the court noted that, although plaintiff's statements in its advertising campaign may have been literally true, there was a strong likelihood that a factfinder would conclude that the statements, when taken in the context of the advertisement, conveyed a message about defendant's product that was false. Chobani, LLC v. Dannon Company, Inc., 157 F.Supp.3d 190, 202. N.D.N.Y.2016. Com. (d) cit. and quot. in sup. Yogurt manufacturer brought a claim for unfair competition through false advertising under the Lanham Act against competitor. Granting plaintiff s motion for entry of a preliminary injunction precluding defendant from making certain claims in its yogurt advertising campaign pending the resolution of the merits of their dispute, this court held that plaintiff was likely to prevail on its false-advertising claim. Citing Restatement Third of Unfair Competition § 3, Comment d, the court noted that, although defendant's statements in its advertising campaign may have been literally true, there was a strong likelihood that a factfinder would conclude that the statements, when taken in the context of the advertisement, conveyed a message about plaintiff's product that was false. General Mills, Inc. v. Chobani, LLC, 158 F.Supp.3d 106, 119. CHAPTER 3. THE LAW OF TRADEMARKS TOPIC 1. SUBJECT MATTER OF TRADEMARK LAW § 9. Definitions of Trademark and Service Mark C.A.7, 2016. Cit. in sup. Food-distribution company and its owner brought a trademark-infringement action against similarly named competitor that was owned by company's former employee, that hired owner after company suspended its operations, and that subsequently fired owner. The district court granted defendant's motion to dismiss. This court reversed and remanded, holding that the complaint failed to unambiguously establish the elements of the affirmative defense of acquiescence, because it did not allege that plaintiffs had made representations that they would not assert a right or claim regarding the trademark. Citing Restatement Third of Unfair Competition § § 9 and 29, the court explained that the ALI Aes o l w For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject mailer under examination.

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