Chesapeake & Ohio Railway Co. v. Walker's Administrator

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding proximate cause when defendants were marketing consultants (and not direct competitors) who misbranded the plaintiff's product
• dismissing false advertising claim but not false designation of origin claim
• dismissing Lanham Act false advertising claim where, outside of alleging that 4 defendant made a false claim, “[t]he remainder of Plaintiff’s allegations are bare recitations of the 5 elements of a false advertising claim, bereft of any factual allegations.”
• “At the pleading stage, plaintiff must allege an injury to a commercial interest in sales or business reputation proximately caused by the defendant’s misrepresentations.” (citation omitted)
• UCL claims based on allegations 8 that defendants made false representations to actual and potential customers
• “At the pleading stage, a plaintiff must allege ‘an injury to a commercial interest in sales or business reputation proximately caused by the defendant’s misrepresentations.’” (emphasis added) (quoting Lexmark, 134 S.Ct. at 1395)

Source: CourtListener parenthetical corpus (CC0).