False Patent Marking as False Advertising: Overcoming Dastar
Patently O
APRIL 17, 2024
Dawgs alleged that Crocs falsely marketed its “Croslite” shoe material as “patented,” “proprietary,” and “exclusive” when in fact the material ethyl vinyl acetate, a well known compound used by many footwear companies. ” Dawgs appealed. 1125(a)(1)(B) (Section 43 of the Lanham Act).
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