SPD SWISS PRECISION DIAGNOSTICS, GMBH, Defendant-Appellant. 15-2411 _ CHURCH & DWIGHT CO., INC., Plaintiff-Appellee, v.
Accordingly, the court affirmed the judgment.ġ5-2411-cv Church & Dwight Co., Inc. 301 et seq., claim there is no error in the district court's finding of falsity in defendant's Launch Package and advertising messages associated with it by reason of their unambiguous implication that defendant’s product measures weeks-pregnant in a manner that is consistent with the measurement used by doctors agreed with the district court's finding, based on survey evidence, that the message communicated by the Revised Package was impliedly false there was no error in the district court’s findings that the falsity was material and injurious to plaintiff and the court did not abuse its discretion in issuing the injunction. The court agreed with the district court that plaintiff's Lanham Act claim is not precluded by the Food, Drug, and Cosmetic Act, 21 U.S.C. The district court found in favor of plaintiff and imposed an injunction on defendant.
SPD CLEARBLUE PROFESSIONAL
Plaintiff, a leading competing marketer of over-the-counter pregnancy test kits, claimed that, in informing the user as to how long her pregnancy had been in effect, defendant’s product communicated the false impression that it uses the same metric and gives the same number of weeks of pregnancy as a medical professional would do. It does not store any personal data.Defendant, a marketer of over-the-counter pregnancy test kits, was found liable for false advertising in violation of section 43(a) of the Lanham Act, 15 U.S.C. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies.
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