False Patent Marking as False Advertising: Overcoming Dastar
Patently-O
APRIL 17, 2024
This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under ยง 43(a) of the Lanham Act. 1125(a)(1)(B) (Section 43 of the Lanham Act).
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