Deliberate deception in a false advertising case

Description

Abstract: Demonstrating the competitive injury and lost sales required to recover damages on a false advertising claim often proves difficult in court. But doing so just got a little bit easier, thanks to a recent ruling in a case in which the court clarified some presumptions that may be made in false advertising claims where deliberate deception is established. This article explains why the defendant’s arguments were found wanting. Merck Eprova AG v. Gnosis S.p.A., Nos. 12‐4218‐cv(L), 13‐513‐cv(Con), July 29, 2014 (2nd Cir.)