"#1 Brand" claim was literally false because of apples-to-oranges comparison
43(B)log
JUNE 10, 2024
10849 (LGS), 2024 WL 2853622 (S.D.N.Y. 4, 2024) Finding Zesty Paws’ “#1 Brand” claim literally false, the court grants a preliminary injunction despite Zesty Paws’ attempt to create a factual dispute about what a “brand” is. Based on the ordinary dictionary meaning of “brand,” Nutramax was a brand.
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