Dismissal Of Lanham Act, False Patent Marking Claims Upheld On Appeal

Mealey's (December 16, 2020, 10:55 AM EST) -- SAN FRANCISCO — In a Dec. 15 ruling, the Ninth Circuit U.S. Court of Appeals rejected a false advertising and false patent marking plaintiff’s effort to undo an award of attorney fees on behalf of a prevailing defendant, instead agreeing with an Arizona federal judge that the case was litigated unreasonably (ThermoLife International LLC v. American Wholesale Fitness, LLC, Nos. 20-15163, -15807, 9th Cir., 2020 U.S. App. LEXIS 39312)....