Skip to main content
· 8/21/2014

M. Arthur Gensler, Jr. and Ass v. Jay Strabala

Citations

  • 764 F.3d 735
  • 112 U.S.P.Q. 2d (BNA) 1161
  • 2014 U.S. App. LEXIS 16251
  • 2014 WL 4100732

How courts have described this case

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

  • holding that a Lanham Act claim applied where advertising falsely designated the services of an architect as emanating from the individual rather than his firm
  • contemplating that Rule 9(b) applies to a false designation of origin claim under Section 43(a)(1)(A) where the allegations charge a fraudulent course of conduct
  • noting that, where a Lanham Act claim charges the defendant with “a form of fraud,” a court should “expect [the] complaint to allege with particularity the nature of the grievance” under Rule 9(b)
  • reversing a dismissal for failure to state a claim regarding the origin of architectural designs
  • remarking the plaintiff’s Lanham Act claim “charges [the defendant] with a form of fraud, so we would expect [the] complaint to allege with particularity the nature of the grievance”
  • “[The complaint] charges [the defendant] with a form of fraud, so we would expect its complaint to allege with particularity the nature of the grievance—what [the defendant] said and why it is false.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Easterbrook, Sykes

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.