Firm Memoranda

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

Date: 07/31/14

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.

CGR Memo - 2d Cir Affirms the Use of Legal Presumptions for the Purposes of Finding Liability in Certain Lanham Act Cases.pdf (pdf | 147.96 KB )