United States First Circuit

Reasonable factfinder could conclude that defendants' material mislabeling of garments deceived the consuming public, enabled defendants to lower garment prices, and caused plaintiffs to lose sales, summary judgment on plaintiffs' false advertising claims under the Lanham Act and Mass. state law was inappropriate; judgment reversed and remanded for further proceedings.

Appellate Information

• Decided 04/01/2002
• Published 04/01/2002

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, ROSENN, Senior Circuit Judge, and STAHL, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert J. Kaler, with whom Gadsby Hannah, LLP, was on brief, for appellants.


• For Appellees:
  
• David B. Bassett, with whom William F. Lee, Michael J. Summersgill, Colleen E. Dunham, Hale and Dorr, LLP, Robert P. Lynn, Jr. and Robert P. Lynn, Jr. LLC, were on brief, for appellees.