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Supreme Court Opinions Augur Increased Lanham Act Litigation

, New York Law Journal

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Harold P. Weinberger, Jonathan M. Wagner, and Norman C. Simon write: Since its enactment in 1947, Section 43(a) of the Lanham Act—the federal false advertising statute—has rarely been addressed by the Supreme Court. This term, however, the Supreme Court issued two unanimous Lanham Act decisions that make it easier for plaintiffs to bring false advertising suits.

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