Alston & Bird obtained a preliminary injunction for Nutramax Laboratories against a competitor, Zesty Paws, in the Southern District of New York. For nearly a year, Zesty Paws had advertised that it was the “#1 Brand of Pet Supplements in the USA” and brought a declaratory judgment action against Nutramax to prove that to be true. However, after expedited discovery and a full evidentiary hearing, the court found Zesty Paws’ claim to be “literally false” in violation of the federal Lanham Act and enjoined further use of the #1 claim.
Representing Nutramax was an Alston & Bird team led by partner Jason Rosenberg and counsel Sam Gunn (Intellectual Property Litigation); partner Alan Pryor (Litigation & Trial Practice); senior associate Mary Grace Gallagher and associates Katie Hall, Ashleigh Harris, and Austin Weatherly (Intellectual Property Litigation).