patent misrepresentations to prospective dealer could be false advertising under Dastar/Lexmark
43(B)log
AUGUST 20, 2021
Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Lanham Act/ODTPA claims: First, the court declined to hold that Rule 9(b) applied to Lanham Act false advertising claims, which don’t require fraud.
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