Skip to main content
· 4/18/1995

Semco, Inc. v. Amcast, Inc.

Citations

  • 52 F.3d 108
  • 31 Fed. R. Serv. 3d 1011
  • 34 U.S.P.Q. 2d (BNA) 1635
  • 23 Media L. Rep. (BNA) 1851
  • 1995 U.S. App. LEXIS 8816
  • 1995 WL 225515

How courts have described this case

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

  • explaining that by limiting the reach of the Lanham Act to “false and misleading speech that is encompassed within the [Supreme Court’s] ‘commercial speech’ doctrine,” the House intended to guarantee its Constitutionality
  • finding that an article was commercial speech because the article “refer[red] generally to Amcast products, and a rational jury could easily find that Amcast had an economic motivation for submitting the article”
  • “Although [the article at issue] does more than merely ‘propose a commercial transaction’ and thus may not meet a core definition of ‘commercial speech,’ the Supreme Court has extended the category to include speech similar to the article.”
  • article written for trade magazine may be classified as commercial promotion
  • finding commercial advertising or promotion based on that distinction

Source: CourtListener parenthetical corpus (CC0).

Judges: Engel, Kennedy, Suhrheinrich

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.