Intellectual Property Law

Res Judicata and On-going Disputes

By Marty Schwimmer

43(B)log: "False Claims To Retailers Violate Lanham Act"

"The current case concerned allegedly false claims that the Dyson model DC18 doesn?t lose suction and that it is the ?most powerful lightweight? vacuum cleaner. This suit was filed four months after an earlier false advertising suit was settled and dismissed with prejudice. . . .

While the first case was pending, Dyson pitched the DC18 (under a different name) to a number of nationwide retailers using the ?most powerful lightweight? and ?doesn?t lose suction? claims . . .

Dyson defended on grounds of res judicata. The court agreed that Oreck?s claims with respect to the DC18 were part of the same cause of action as the earlier lawsuit."

Full post as published by Trademark Blog on March 06, 2008 (boomark / email).