Legal Opinion
Oreck Direct, LLC v. Dyson, Inc.
Court of Appeals for the Fifth Circuit
Decided February 23, 2009No. 08-30804 Summary CalendarPublishedCited by 94 opinions
1Opinion of the Court
HAYNES, Circuit Judge:
Oreck Direct, LLC (“Oreck”) appeals from the district court’s grant of summary judgment in favor of Dyson, Inc. (“Dyson”). We AFFIRM.
I
On February 10, 2005, Oreck filed a false advertising claim under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(B) (2006), and the Louisiana Unfair Trade Practices Act (the “LUTPA”), La.Rev.Stat. Ann. § 51:1405 (2008), in the Eastern District of Louisiana against Dyson, one of its major competitors in the vacuum cleaner industry. In this first suit (“Oreck /”), Oreck alleged that Dyson falsely advertised that its vacuum cleaners do not…
2Cases cited19 opinions
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- Allen v. McCurrySupreme Court of the United States · 1980
- Manuel M. Fernandez-Montes v. Allied Pilots Association, Fred Vogel, and C.R. PatyCourt of Appeals for the Fifth Circuit · 1993
- Agnes E. NILSEN, Plaintiff-Appellant, v. the CITY OF MOSS POINT, MISSISSIPPI, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1983
- Kaspar Wire Works, Inc. v. Leco Engineering and MacHine Inc.Court of Appeals for the Fifth Circuit · 1978
14 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Media Rights Technologies, Inc v. Microsoft CorporationCourt of Appeals for the Ninth Circuit · 2019
- Ries v. Paige (In Re Paige)Court of Appeals for the Fifth Circuit · 2010
- Galaz v. Katona (In Re Galaz)Court of Appeals for the Fifth Circuit · 2016
- Retractable Technologies, Inc. v. Becton Dickinson & Co.Court of Appeals for the Fifth Circuit · 2016
- Dotson v. Atlantic Specialty InsCourt of Appeals for the Fifth Circuit · 2022
89 more not listed; retrieve them via the Exa API.