Thursday, August 18, 2011

Eighth Circuit -- Mike Buetow v. A.L.S. Enterprises, Inc.

Mike Buetow v. A.L.S. Enterprises, Inc.

Error to the District Court, as although Lanham Act literal falseness awakens a favorable presumption, a finding of irreparable injury is still required for issuance of an injunction.

Error to base finding of literal falseness on dictionary definitions - falseness must be more unambiguous than that.

Concur/Dissent: Claims were more than puffery



Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.