· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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