Case: False Advertising/Laches (W.D.N.Y.)

Precious metals dealer Beyond 79 LLC’s motion to dismiss Express Gold Cash Inc.'s false-advertising claim under the Lanham Act on the basis of laches is denied. Express alleges that Beyond’s publication on its website and elsewhere that it’s ranked #1 by NBC’s “Today Show” is deceptive advertising, but it’s not clear from the complaint that Express knew of Beyond’s allegedly wrongful conduct when it began in 2011. To the contrary, many of the complaint’s allegations about the timing of Beyond’s conduct are made on information and belief, and the specific examples of misconduct set forth are generally from 2015 and ...