Eleventh Circuit Affirms Preliminary Injunction for HPTY Client in Lanham Act False Advertising Case

August 2010

HPTY attorneys Jack Sibley, Carl Anderson, Rob Thompson, and Rob Gilbreath obtained a favorable ruling from the United States Court of Appeals for the Eleventh Circuit on behalf of client Osmose, Inc.  The court of appeals affirmed the key provisions of the district court's order granting Osmose a temporary injunction against Viance, LLC in a Lanham Act False Advertising case.  Viance was represented by King & Spalding.  The court ordered a minor modification in the temporary injunction and vacated one of its minor provisions.  As a result of the court of appeals' ruling, Viance will continue to be prohibited from making false statements in commercial advertising and promotions about the efficacy of Osmose's wood preservative product until the parties' dispute is tried on the merits.

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