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. False advertising: the jury found for Select Comfort on seven false advertising claims and for defendants on the remaining eight, awarding about $160,000 in disgorgement and nothing on lost profits.
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