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U.S. Court of Appeals for the Ninth Circuit
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Vericool World v. Igloo Products — Ninth Circuit Holds ‘First to Market’ Claims Not Actionable Under Lanham Act

The Ninth Circuit affirmed summary judgment for Igloo, holding that ‘first to market’ advertising claims about a biodegradable cooler concern the origin of an idea — not an observable product characteristic — and therefore fall outside the Lanham Act’s false advertising protections

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