Gorilla Ladder Maker’s Judgment Axed in Competitor False Ad Suit

Wing Enterprises Inc., maker of Little Giant Ladders, convinced the Federal Circuit to reverse judgment for Tricam Industries Inc. in a suit alleging Tricam falsely advertised its Gorilla Ladders as complying with an industry standard.

A trial judge improperly barred as not relevant expert testimony based on a survey showing that consumers value compliance with industry safety standards, the U.S. Court of Appeals for the Federal Circuit said Friday.

This evidence raises a fact question on whether the alleged deception was material, an element of Wing’s Lanham Act and Minnesota Deceptive Trade Practices Act claims, it said in the nonprecedential ...