SALE OF MISLEADING INTERNET LINK INSUFFICIENT TO STATE A FALSE DESIGNATION CLAIM UNDER LANHAM ACT

In Heartbrand Beef, Inc. v. Lobel's of New York, (S.D. Tex. February 5, 2009), a federal district court rejected a false designation claim under the Lanham Act. The defendant Yahoo's display of a listing for the expensive meat retailer Lobel’s under a keyword search was found not to qualify as a statement for purposes of a Lanham Act claim.

The following questions have been addressed in this article:

What are the five elements which the Fifth Circuit requires to be proven for a claim arising under subsections 1125(a)(a)(1)(A) or (B) of the Lanham Act?
Why was there was uncertainty as to whether this claim fell under 15 U.S.C. § 1125(a)(1)(A) or (B)?
Why did Heartbrand’s argument fail?

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