§ 1125(a), and issued a permanent injunction prohibiting Defendant from using certain advertising and packaging and requiring it to issue corrective notices and advertising. _ Before: LEVAL and WESLEY, Circuit Judges, and SANNES, District Judge.1 Defendant, a marketer of over-the-counter, home pregnancy tests, appeals from the judgment of the United States District Court for the Southern District of New York (Nathan, J.), which, following a bench trial, found Defendant liable for false advertising in violation of Section 43(a) of the Lanham Act, 15 U.S.C. SPD SWISS PRECISION DIAGNOSTICS, GMBH, Defendant-Appellant. 15-2411 _ CHURCH & DWIGHT CO., INC., Plaintiff-Appellee, v. Accordingly, the court affirmed the judgment.ġ5-2411-cv Church & Dwight Co., Inc. 301 et seq., claim there is no error in the district court's finding of falsity in defendant's Launch Package and advertising messages associated with it by reason of their unambiguous implication that defendant’s product measures weeks-pregnant in a manner that is consistent with the measurement used by doctors agreed with the district court's finding, based on survey evidence, that the message communicated by the Revised Package was impliedly false there was no error in the district court’s findings that the falsity was material and injurious to plaintiff and the court did not abuse its discretion in issuing the injunction. The court agreed with the district court that plaintiff's Lanham Act claim is not precluded by the Food, Drug, and Cosmetic Act, 21 U.S.C. The district court found in favor of plaintiff and imposed an injunction on defendant.
#Spd clearblue professional#
Plaintiff, a leading competing marketer of over-the-counter pregnancy test kits, claimed that, in informing the user as to how long her pregnancy had been in effect, defendant’s product communicated the false impression that it uses the same metric and gives the same number of weeks of pregnancy as a medical professional would do. Defendant, a marketer of over-the-counter pregnancy test kits, was found liable for false advertising in violation of section 43(a) of the Lanham Act, 15 U.S.C. Now all of a sudden it Only shows up in a totally different state and with exact name search. Is there something I could do to send signals to Google to show that I am in Matthews, NC?Ģ months ago my listing quit showing up at all unless you typed exact business name What could possibly cause my listing or Google to do this? I have been without my listing for a few months now and have NO calls coming in from it. If you search Locksmith Independence, KS it shows up on the maps. If you search Locksmith Matthews, NC my listing does not show up at all.
Keep in mind the GMB is in Matthews, NC All my service areas and the actual map show the correct areas. Now if I search my business name under the auto populate I see it with Independence, KS on the listing. I pretty much do not have any traffic, views or calls now. Posted about my SAB listing a few weeks ago about not showing up in search only when you entered the exact name.
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