Intellectual Property
Aug. 19, 2026
9th Circuit clarifies unfair advertising law
The 9th Circuit has narrowed the Lanham Act's false advertising reach, holding that allegedly false claims about a product idea's creative origin are not actionable under the statute.
Dariush G. Adli
President
ADLI Law Group
Phone: (213) 623-6547
Email: adli@adlilaw.com
Univ of Michigan Law Sch; Ann Arbor MI
In a case of first impression, the 9th Circuit Court of Appeal, in a split 2-1 decision, has ruled that a provision of the Federal Trademark law (Lanham Act) dealing with false advertising does not protect false claims concerning creative or originality claims as to the origin or source of the products. In Vericool World, LLC v. Igloo Products Corp.175 F.4th 1045 (9th Cir. 2026), the appeal court held that false claims relating to the "origin of an idea embo...
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