Motion for reconsideration fails
Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No.09-642-SLR, July 15, 2010.
Robinson, J. Defendant’s motion for reconsideration of partial summary judgment of liability is denied.
Plaintiff alleged that defendant engaged in false advertising in violation of Section 43(a) of the Lanham Act and the Uniform Deceptive Trade Practices Act stemming from defendant's varying use of the term "Helioplex®" in its advertising. Defendant moved for reconsideration on the grounds that, even if the advertisement were literally false, plaintiff must prove that the falsity materially influenced consumers' purchasing decisions. It also disagreed with the court's finding of literal falsity. The court finds no basis to amend its ruling.
