2d Circuit: Merck Eprova AG v. Gnosis S.p.A Affirms the Use of Legal Presumptions of Consumer Confusion and Injury for the Purposes of Finding Liability in Certain Lanham Act Cases
July 31, 2014
The United States Court of Appeals for the Second Circuit recently held that, where literal falsity and deliberate deception have been proved in the context of a two-player market, it is appropriate to use legal presumptions of consumer confusion and injury for the purposes of finding liability in a false advertising case brought under the Lanham Act.
