ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Intellectual Property Law Blogs -> Seattle Trademark Lawyer

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Intellectual Property Law

: Seattle Trademark Lawyer

Ninth Circuit Finds Statements Don't Support False Advertising Claim

By Michael Atkins

ADVERTISEMENTS

Competing appliance recycling companies slugged it out in Appliance Recycling Centers of America, Inc. v. JACO Environmental, Inc., a false advertising case the Ninth Circuit decided on May 4.

The Central District of California granted the defendant summary judgment.

The Ninth Circuit affirmed, finding no reasonable jury could find the defendant’s statements were actionable.

The court found: “The statement that Defendants’ method for recycling appliances is a ‘unique’ system with ‘unprecedented’ results is non-actionable puffery because it is a ‘general, subjective claim,’ rather than a statement about ‘specific or absolute characteristics.’

“Plaintiffs argue that the district court erred by requiring proof of bad faith for the statements that ‘JACO’s system for handling contaminated polyurethane is an entirely different approach’ and that ‘no other company could handle polyurethane contaminated with CFC-11’ before Defendant JACO Environmental, Inc. entered the market. Even assuming that Plaintiffs are correct that proof of bad faith is not necessary, neither of those statements supports a Lanham Act claim.

“No reasonable jury could find that the ‘entirely different’ statement is false. In context, that statement asserts that Defendants’ method of incinerating the contaminated foam is entirely different than the Adelmann recycling process; it does not refer to the method of dismantling the appliances to obtain the contaminated foam in the first place. The record demonstrates that the statement is true — incineration is entirely different than the Adelmann process.

“No reasonable jury could find that the ‘no other company’ statement satisfies the deception element of a Lanham Act false advertising claim. The statement is ambiguous in its context because it could refer either to Plaintiffs or to JACO, and there is no evidence that it causes actual deception.”

Appliance Recycling Centers of America, Inc. v. JACO Environmental, Inc., 2010 WL 1767313, No. 09-55168 (9th Cir. May 4, 2010).

Full post as published by Seattle Trademark Lawyer on May 11, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0024 secs (from cache 11/03/26 04:52:10)