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ARTICLE · 26 AUGUST 2021

Does "Tested" Actually Mean That You've Conducted Testing?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Last spring, the 9th Circuit weighed in again on some advertising issues, this time in connection with a dispute between manufacturers of plumbing equipment.

United StatesMedia, Telecoms, IT, Entertainment

Last spring, the 9th Circuit weighed in again on some advertising issues, this time in connection with a dispute between manufacturers of plumbing equipment.  (Thanks, again, to Rebecca Tushnet's  blog for pointing this case out to me.) 

Wedi Corp. sued its competitor Hydro-Blok (and other related parties), alleging false advertising claims under the Lanham Act and the Washington Consumer Protection Act.  Wedi alleged that Hydro-Blok made the following false statements in its advertising: 

  • "All Hydro-Blok Products Are IAPMO Tested and Certified"; 
  • "Hydro-Blok Products Are ICC-ES Tested and Certified"; and 
  • "What is HYDRO-BLOK?  Put simply it is the easiest, quickest and most user-friendly way to build a water-proof shower or tub surround at a price you can afford."

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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