United States Second Circuit

Under the Lanham Act, defendant's TV commercial that waited seven seconds and then showed plaintiff's resealable bag leaking water is literally misleading even when evidence showed that certain bags leaked once every 8 seconds.

Appellate Information

• Argued 12/01/2000
• Decided 02/23/2001
• Published 02/23/2001

Judges

• HALL, District Judge:, Before WALKER, Chief Judge, POOLER, Circuit Judge, and HALL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Steven A. Zalesin, (Joshua Burstein, on the brief), Patterson, Belknap, Webb & Tyler LLP, New York, NY, for Defendant-Appellant., Lawrence I. Weinstein, (Kevin J. Perra, Eric German, on the brief), Proskauer Rose LLP, New York, NY, for Plaintiff-Appellee.