United States Second Circuit

Judgment in favor of plaintiff on its Lanham Act false advertising and contributory false advertising claims is affirmed, where: 1) when, as here, the parties operate in the context of a two‐player market and literal falsity and deliberate deception has been proved, it is appropriate to utilize legal presumptions of consumer confusion and injury for the purposes of finding liability in a false advertising case brought under the Lanham Act; and 2) in a case where willful deception is proved, a presumption of injury may be used to award a plaintiff damages in the form of defendant's profits, and may, in circumstances such as those present here, warrant enhanced damages.

Appellate Information

• Decided 07/29/2014
• Published 07/29/2014

Judges

• POOLER

Court

• United States Second Circuit

Counsel