August 5, 2013
- 29T Antitrust and Trade Regulation
- 29TII Unfair Competition
- 29TII(A) In General
- 29Tk25 Representations Concerning Others or Their Products; Disparagement
- 29Tk27 k. Particular Cases.
Message representing that manufacturer of consumer products was a corporate agent of Satan constituted “commercial advertising or promotion” under the Lanham Act; the bare fact that the subject message contained a “theological” component was insufficient to transform it into noncommercial speech, persons who disseminated it, including distributors of competitor’s products, did not argue that there was any theological purpose underlying the subject message or its dissemination, the message unambiguously urged recipients to eschew purchasing manufacturer’s products in favor of the competitor’s products, and the “theological” component of the message was not inextricably intertwined with its commercial nature.
Proctor & Gamble Co. v. Haugen, 222 F.3d 1262 (10th Cir. 2000)