Intellectual Property,
Civil Litigation,
9th U.S. Circuit Court of Appeals
Feb. 5, 2021
Lanham Act applies to third-party nutritional guidebook
The 9th Circuit recently held that a nutritional guide could constitute commercial speech subject to the Lanham Act where the plaintiff alleged that the publisher of the guide had undisclosed financial dealings with a competitor.
Pooja S. Nair
Partner
Ervin Cohen & Jessup LLP
Email: pnair@ecjlaw.com
Pooja is a litigation attorney who has represented clients in the health care, life sciences, and banking industries in state and federal court, and has handled delicate compliance issues and internal investigations. She is a member of the firm's food and beverage department.
On Jan. 22, a divided panel from the 9th U.S Circuit Court of Appeals ruled 2-1 that a nutritional guide could constitute commercial speech subject to the Lanham Act where the plaintiff alleged that the publisher of the guide had undisclosed financial dealings with a competitor. Ariix, LLC v. NutriSearch Corporation, 19-55343 (9th Cir. Jan. 22, 2021.).
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