Thermocarbon, Inc. v. Dicing Technology, Inc.
Thermocarbon, Inc. v. Dicing Technology, Inc.
Opinion of the Court
Thermocarbon, Inc. appeals an order dismissing with prejudice Count II of its complaint which alleged a cause of action for false and deceptive advertising proscribed by the Lanham Trade-Mark Act, 15 U.S.C. § 1125(a).
REVERSED and REMANDED with instructions.
. Section 1125(a), 15 U.S.C. provides:
Any person who shall ... use in connection with any goods ... or any containers for goods, a false ... description or representation, including words or other symbols tending falsely to describe or represent the same, and shall cause such goods to ... enter into commerce, and any person who shall, with knowledge of the falsity of such designation of origin or description or representation cause or procure the same to be transported or used in commerce or deliver the same to any carrier to be transported or used, shall be liable to a civil action by any person doing business in the locality falsely indicated as that of origin or in the region in which said locality is situated, or by any person who believes that he is or is likely to be damaged by the use of any such false description or representation.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.