Consumer Law

Nominative fair use is not a defense to false advertising

By Rebecca Tushnet

Mannatech, Inc. v. Glycobiotics International, Inc., 2008 WL 918311 (N.D. Tex.)

File under ?surprised that there was a need to litigate this?: Nominative fair use is a defense that applies to trademark infringement, not false advertising. Oddly, and perhaps explaining some of the confusion, in so holding the court nonetheless labels plaintiff?s §43(a)(1)(B) claim trademark infringement: ?The gravamen of plaintiff?s trademark infringement claim is that defendant has falsely represented the nature, characteristics, and qualities of Ambrotose® glyconutritional products on its website by suggesting that Ambrotose® capsules are comprised of ?75% fillers?? (emphasis added).t

Full post as published by 43(B)log on April 09, 2008 (boomark / email).