Baden Sports, Inc. v. Molten USA, Inc.
United States Court of Appeals for the Federal Circuit
556 F.3d 1300 (2009)

- Written by Sarah Holley, JD
Facts
Baden Sports, Inc. (plaintiff) manufactured and sold basketballs that embodied its patented technology, which were advertised as containing “cushion control technology.” Molten USA, Inc. (defendant), a direct competitor of Baden, began selling a new basketball, which it advertised as containing “dual cushion technology.” Baden brought suit, alleging that Molten’s advertising violated the prohibition in Section 1125(a) of the Lanham Act against false and misleading advertising because it used the word “innovative.” Molten moved for judgment as a matter of law on the ground that Dastar Corp. v. Twentieth Century Fox Film Corp. prohibited claims based on advertisements that falsely claim authorship of an idea. The district court denied the motion, and Molten appealed.
Rule of Law
Issue
Holding and Reasoning (Lourie, J.)
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