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ARTICLE · 21 JULY 2020

Your Claims May Be False, But Will They Influence Consumers' Purchasing Decisions?

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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These days, we're all finding ways to do things online that we've done in person in the past. One of those things, apparently, is golf lessons.

United StatesMedia, Telecoms, IT, Entertainment

These days, we're all finding ways to do things online that we've done in person in the past.  One of those things, apparently, is golf lessons.

RotarySwing Golf, a subscription golf instruction site, sued a competitor, Axys Golf, alleging false advertising and other claims under the Lanham Act and Colorado law. It's a messy lawsuit -- involving what the court called "online mudslinging."  

Without getting into all of the dirty details, in a recent decision denying the plaintiff's motion for a TRO and a preliminary injunction, and denying the defendant's motion to dismiss, there was an interesting discussion about the importance of demonstrating materiality when asserting a Lanham Act claim. 

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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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