In ruling on a motion to dismiss counterclaims brought under
Section 43(a) of the Lanham Act, the District Court of Oregon ruled
that statements made by a corporate agent to a journalist may be
actionable.
In Skedko, Inc. v. ARC Products, LLC,
the defendant counterclaimed for false advertising. Both
plaintiff and defendant manufacture and sell evacuation
devices. Plaintiff's device is the Sked® Rescue System,
"('Sked'), an evacuation sled system designed to
quickly evacuate wounded people from confined spaces, from high
angles, in technical rescues, and in traditional land-based
rescues." Defendant's device is the Vertical Lift Rescue Sled, "which is an
evacuation device that provides quick transport of a nonambulatory
individual in a difficult rescue situation or a confined
space."
