Distinguishing Dastar: False Patent Marking Claims Get New Life Under the Lanham Act
Briefly

The Federal Circuit's ruling on Crocs v. Effervescent highlights that falsely labeling a product as "patented" can lead to liability under the Lanham Act, providing competitors a path to challenge misleading claims.
The decision clarifies that claiming a product's uniqueness through patents can mislead consumers about the product's superior qualities, which is a violation of the Lanham Act's false advertising provisions.
Read at Patently-O
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