California Federal Judge: Rule 9(b) Inapplicable To Trademark Infringement

Mealey's (March 29, 2018, 1:49 PM EDT) -- SAN DIEGO — Although agreeing with a defendant that allegations of false designation of origin and false advertising under the Lanham Act, 15 U.S.C. §§ 1125(a)(1)(A-B), are inadequately pleaded pursuant to Rule 9(b) of the Federal Rules of Civil Procedure, Fed. R. Civ. P. 9(b), a California federal judge on March 28 stopped short of applying the heightened pleading standard to a related claim for trademark infringement (Julian Bakery Inc. v. Healthsource International Inc., No. 16-2594, S.D. Calif., 2018 U.S. Dist. LEXIS 52248)....