Legal Opinion
Osmose, Inc. v. VIANCE, LLC
Court of Appeals for the Eleventh Circuit
Decided July 30, 2010No. 09-15563PublishedCited by 61 opinions
1Opinion of the Court
ANDERSON, Circuit Judge:
This appeal concerns a preliminary injunction entered in a false advertising case under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). Viance, LLC (“Vianee”) released several advertising statements expressing serious safety concerns regarding the use of wood treated with Osmose, Inc.’s (“Osmose”) copper-based wood pre servative called MCQ. 1 In response to these advertisements, Osmose brought this suit against Viance, alleging that the advertisements constituted false advertising in violation of § 43(a) of the Lanham Act and various state laws because certain studies…
2Cases cited12 opinions
- United Industries Corp. v. Clorox Co.Court of Appeals for the Eighth Circuit · 1998
- Castrol Inc. v. Pennzoil Company and Pennzoil Products CompanyCourt of Appeals for the Third Circuit · 1993
- Time Warner Cable, Inc. v. DirecTV, Inc.Court of Appeals for the Second Circuit · 2007
- Alpo Petfoods, Inc. v. Ralston Purina CompanyCourt of Appeals for the D.C. Circuit · 1990
- Johnson & Johnson Vision Care, Inc. v. 1-800 Contacts, Inc.Court of Appeals for the Eleventh Circuit · 2002
7 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Duty Free Americas, Inc. v. The Estee Lauder Companies, Inc.Court of Appeals for the Eleventh Circuit · 2015
- Hi-Tech Pharmaceuticals, Inc. v. HBS International Corp.Court of Appeals for the Eleventh Circuit · 2018
- Compulife Software Inc. v. Moses NewmanCourt of Appeals for the Eleventh Circuit · 2020
- Sovereign Military Hospitaller Order of Saint John v. Florida Priory of the Knights Hospitallers of the Sovereign Order of Saint JohnCourt of Appeals for the Eleventh Circuit · 2012
- Eastman Chemical Company v. PlastiPure, IncorporatCourt of Appeals for the Fifth Circuit · 2014
56 more not listed; retrieve them via the Exa API.