· 4/1/2002
Cashmere & Camel Hair Manufacturers Institute v. Saks Fifth Avenue
Citations
- 284 F.3d 302
- 2002 U.S. App. LEXIS 5361
- 2002 WL 471894
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, although the plaintiff was entitled to a presumption of consumer deception, remand was required for further proceedings on causation
- finding that the same conduct supports a Lanham Act claim and a state law claim of unfair competition
- listing \tendency to deceive a substantial segment of [an advertisement's] audience\ as another element of a successful false-advertising claim
- labeling a statement as material because it was related to an inherent quality or characteristic of the product
- finding litigant satisfied its burden of demonstrating consumer deception based on the presumption of confusion arising from literal falsity “and defendants’ failure to present evidence to rebut it”
- finding causal link based on literal falsity and the “common sense” inference that “sale of cashmere-blend coats which overstated their cashmere content could cause a loss of sales of cashmere-blend coats which correctly state their cashmere content”
Source: CourtListener parenthetical corpus (CC0).
Judges: Torruella, Rosenn, Stahl
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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