COURT DISMISSES FALSE ADVERTISING CLAIMS BASED ON FAULTY UL CERTIFICATION CHALLENGE
January 4, 2018MELVIN GARNER SPEAKS AT PLI’S IP ISSUES IN BUSINESS TRANSACTIONS 2018 PROGRAM IN NYC
January 9, 2018DEIRDRE CLARKE WRITES ON TRADEMARK CASE FOR WTR DAILY
On November 24, 2017, WTR Daily, part of World Trademark Review, published a synopsis of the decision in Board-Tech Electronics Co, Ltd v Eaton Electric Holdings LCC, 2017 WL 4990659 (SDNY October 31, 2017). In that case, the court found that the plaintiff lacked an actionable claim in alleging that defendant falsely advertised its product as “UL Certified” just because it had failed plaintiff’s own independent testing. In dismissing the case, the court expressed concern that to allow such a suit to go forward would invite third parties to police certification marks in order to gain access to competitive information. You can find the case summary on our website at