Proskauer on Advertising Law
Proskauer on Advertising Law
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Fourth Circuit La(t)ches On to Timeliness of § 43(a) Lanham Act Claims

The Fourth Circuit recently overturned a district court’s decision to apply an analogous state law statute of limitations to bar a claim for false advertising under § 43(a) of the Lanham Act.  In doing so, the Court held that because § 43(a) claims are “equitable in nature,” laches is the applicable timeliness rule, rather than … Continue Reading
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