On October 3, 2024, the Federal Circuit held that a false advertising cause of action arises where a party falsely claims that it holds a patent on a product feature and advertises the feature in a ...
On October 3, 2024, in Crocs v. Effervescent, the Federal Circuit ruled that falsely advertising that a product feature is patented can constitute a violation of the Lanham Act. All the way back in ...
Crocs Urges SCOTUS Justices to Address 3-2 Circuit Split on False Claims About Intangible Properties
“The Federal Circuit’s holding threatens to turn every expired patent, invalidated patent, and marking mistake into a potential weapon lying at hand for competitors and plaintiffs’ attorneys to wield ...
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