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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.