Case: Trademarks/Unfair Competition & False Advertising (M.D. Ala.)

A federal district court in Alabama granted in part and denied in part H2-Pharma LLC’s motion to dismiss Method Pharmaceuticals LLC’s unfair competition and false advertising claims. The court found that by using the “Rx” identifier on its non-FDA approved products, H2 gave a false impression to consumers that its product was compliant with federal statutes. But the court said that H2’s misrepresentation didn’t create a false impression that its products were associated with or approved by Method.