Supreme Court Denies Cert in Basketball Case

The U.S. Supreme Court has denied certiorari in a case involving a basketball manufacturer’s claim of false advertising, brought under § 43 of the Lanham Act, 15 U.S.C.S. § 1125. The appeal was made the Federal Circuit for the U.S. Court of Appeals.   The opinion from the Federal Circuit, which had vacated a multi-million jury award against the defendant basketball manufacturer, is summarized below.   In vacating the award, the Federal Circuit concluded that the “alleged infringe