News & Events

Partner Rebecca Williams and Appellate Partner, Diane Tutt recently prevailed on a motion for summary judgment in a IP trademark case. The case involved a false advertising claim under the Federal Lanham Act, contributory false advertising, and a claim under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).  Plaintiff was claiming that two (2) advertising documents disseminated by codefendant which we played a role in contributing to and which included our logo and company name, and for which Plaintiff was claiming joint and several liability, were literally false, false by necessary implication or misleading in violation of the Lanham Act and FDUTPA.  Under the Lanham Act, Plaintiff just has to prove that the Defendants had gross revenues and then the burden is on the Defendants to prove all deductions, including all costs of sales, allocable expenses, and other factors besides the allegedly false advertising that caused the Defendants' increase in revenues.  As such, Plaintiff was seeking disgorgement of all of profits allegedly attributable to the false advertising of tens of millions of dollars.    

The case was very actively litigated and also involved highly complex expert analysis and reports of economists and accountants. There was also significant motion practice and discovery hearings before the federal magistrate Judge.  After the close of discovery, we filed a motion for summary judgment, as did codefendant.  The Court granted in favor of our motion for summary judgment, and denied codefendant's motion for summary judgment as to the Lanham Act claim.