Partial summary judgment is granted on plaintiff's false advertising claim
Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No.09-642-SLR, May 18, 2010.
Robinson, J. Plaintiff’s motion for partial summary judgment is granted.
The Court considers plaintiff's motion for partial summary judgment as to liability for false advertising against defendant. The Court finds that the labeling and advertising at issue, linking DEHN-free 100+ Product and Helioplex®, is literally false and, therefore, violates section 43{a) of the Lanham Act and the Uniform Deceptive Trade Practices Act. However, the scope and duration of defendant's violation is unclear since there has been no discovery. Therefore, plaintiff’s request for injunctive relief and for an order compelling defendant to publish corrective advertising or a press release and attorney fees is deferred until after discovery and briefing on the issue is complete.
