On June 2, 2023, the Ninth Circuit reversed a dismissal of Plaintiff Enigma Software Group’s (“Enigma”) Lanham Act false advertising and related state law claims against its competitor, Defendant ...
On Tuesday, the Supreme Court released its long-awaited opinion in Omnicare v. Laborers District Council, 575 U.S. ____ (2015), which rejected the application of a solely objective standard in ...
On Monday, the U.S. Supreme Court granted certiorari in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund (13-435), an appeal in which Omnicare has asked the Court to ...
Ninth Circuit rulings separate subjective opinions from verifiably false statements under Lanham Act
In Enigma Software Group USA, LLC v Malwarebytes, Inc (21-16466; 9th Cir; 2 June 2023) – a case originally based on a false advertising claim under Section 43(a) of the Lanham (Trademark) Act – the US ...
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