Johnson & Johnson Vision Care, Inc. v. 1-800 Contacts, Inc.

How courts have described this case

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

• noting that a plaintiff must demonstrate “that the deception is likely to influence the purchasing decision”
• rejecting argument that challenged statements should be evaluated “in concert” to determine whether any or all violated Lanham Act
• rejecting false-advertising claim where (as here) “there would be no reason for consumers to see [the allegedly false pamphlet]”
• rejecting a presumption of materiality based on a finding of literal falsity and stating, “The materiality requirement is based on the premise that not all deceptions affect consumer decisions.”
• “To succeed on a claim of false advertising, the plaintiff must establish that the defendant’s deception is likely to influence the purchasing decision.” (internal quotation marks omitted)
• “To prove an establishment claim literally false, the movant must ‘prove that these tests did not establish the proposition for which they were cited.’ ”

Source: CourtListener parenthetical corpus (CC0).