IIC decision also says some things about false advertising: materiality may not be presumed from literal falsity
43(B)log
SEPTEMBER 9, 2021
I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. The parties compete in the market for adjustable air mattresses and related products. Plaintiffs’ registered trademarks include “SLEEP NUMBER”, “WHAT’S YOUR SLEEP NUMBER”, “SELECT COMFORT”, and “COMFORTAIRE.”
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