Hot Wax, Inc. v. Turtle Wax, Inc.

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

Plaintiff Hot Wax sues defendant Turtle Wax for false advertising under § 43(a) of the Lanham Act, 15 U.S.C. § 1125. Hot Wax alleges that Turtle Wax falsely markets and advertises certain products as waxes, when in fact the products do not contain any wax. The parties have submitted cross-motions for summary judgment.

Hot Wax contends that it is entitled to judgment as a matter of law because its experts have determined — and the defendant’s expert has admitted — that the products in question do not contain wax. In light of this admission,…