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Warren Tech False Advertising Claim Rejected by Eleventh Circuit

June 22, 2020, 7:21 PM

Warren Technology Inc., an electric heater manufacturer, failed to show that competitor Tutco LLC and testing laboratory UL LLC engaged in false advertising under the Lanham Act, the Eleventh Circuit affirmed Monday.

Warren didn’t demonstrate that UL’s conclusion that Tutco’s heaters comply with a safety standard is a falsity or deceptive act within the meaning of the law, the U.S. Court of Appeals for the Eleventh Circuit said.

UL didn’t improperly interpret the standard when it allowed Tutco to use UL’s mark in advertisements, the court said.

The suit could have been successful if Warren asserted that UL failed to ...

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