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. The briefs also discuss, to a limited extend, patent law’s false marking statute, 35 U.S.C. ยง 1125(a)(1)(B) (Section 43 of the Lanham Act).
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