DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
102415P.pdf 08/18/2011 Mike Buetow v. A.L.S. Enterprises, Inc.
U.S. Court of Appeals Case No: 10-2415
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Loken, Author, with Melloy and Shepherd, Circuit Judges]
Civil Case - Lanham Act injunction. The district court erred in granting
an injunction enjoining literally false ads without proof of irreparable
harm. Proof of irreparable injury is required under Minnesota Consumer
Fraud Act and Minnesota Unlawful Trade Practices Act. Under Lanham
Act, message must be both false and misleading. It was error to enjoin all
uses to the term "odor eliminating" as literally false. Judge Melloy
dissents in part.