Disgorgement in a noncomparative false advertising case: doctrinal drift?
43(B)log
DECEMBER 10, 2021
This allowed McCormick to advertise what seemed like an attractive lower price and charge more. Thus, for disgorgement of profits, a plaintiff need only show the defendant’s “sales of the allegedly falsely advertised products,” after which the burden shifts to the defendant to prove “any costs or deductions.” Edriver Inc.,
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