Lawsuits are common among competitor companies for false advertising of their advertisements on air. This is a violation of the Lanham Act that was enacted by Congress in 1946. This Act prohibits companies from carrying out activities such as false advertising, trademark infringement, and dilution of their products. This paper addresses two questions concerning the court case between Pharmacia, the complainant, and GlaxoSmithKline Consumer Healthcare, the defendant, on a product meant to help people quit smoking.
Question 1: On What Basis Does the Court Conclude That GSKCH likely Violated the Lanham Act?
Pharmacia is a company that makes Nicotrol, which is an inhaler that helps smokers to stop feeling the urge of smoking again. This company goes to ...