Home > Business Law > 9th Circuit Confirms that False Advertising is Distinct from Trademark Infringement

9th Circuit Confirms that False Advertising is Distinct from Trademark Infringement

In Wells Fargo Company USA v. v. ABD Insurance & Financial Services, Inc. (No. 13–15625) the 9th Circuit Federal Court of Appeals found an abuse of discretion when a U.S. District Court denied a request for a preliminary injunction. Held, the District Court abused its discretion when it did not separately consider the false advertisement claim. The District Court’s review was under the basis that it found false advertisement to be “derivative of Wells Fargo’s trademark infringement claim.” However, The 9th Circuit found that the two claims are in fact distinct, and require the application of separate tests.

– All Rights Reserved © 2014 by Michael L. Mau, Esq. and The Mau Law Firm

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