Mealey's IP/Tech - Enhanced Damages Proper In Lanham Act Case, 2nd Circuit Says

NEW YORK - In a false advertising case where "willful deception" is proven, "a presumption of injury may be used to award a plaintiff damages in the form of defendant's profits and may . . . warrant enhanced damages," the Second Circuit U.S. Court of Appeals ruled July 29 in a dispute over the labeling for a dietary folate product (Merck Eprova v. Gnosis S.P.A., et al., Nos. 12-4218, 13-513, 2nd Cir.).

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