Single Email Is Not Sufficient For A Claim Of Unfair Competition Under Lanham Act Or New York State Law

In ACTV, Inc. v. The Walt Disney Co., the issue involved was whether a single email was sufficient to find a claim for unfair competition under the Lanham Act or under New York state law. A single email is not enough to allege that there is sufficient dissemination. Dissemination requires more than one individual to be sufficient.

The following questions have been addressed in this article:

What are the elements of the Lanham Act?
What about New York unfair competition law?
Who are the parties and what are the facts of this case?
What did the court determine?

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