from Wiktionary, Creative Commons Attribution/Share-Alike License
- n. One who makes a counterclaim.
Likewise, a Lanham Act claim might have been of assistance to the defendant-counterclaimant, if plaintiff's licensing attempts were sufficiently widespread to constitute "advertising or promotion."
After 2 years of litigation, a DC trial judge dismissed all defendants on summary judgment and awarded one defendant-counterclaimant $18k+.
Possible answer, depending on the parties’ market positions also, of course, relevant to the antitrust issues: Lanham Act standing for false advertising requires a showing of likely harm, which means that the counterclaimant would have to provide reasons to think that sales were diverted from it in particular rather than from other competitors.
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