Nominative fair use is not a defense to false advertising

Mannatech, Inc. v. Glycobiotics International, Inc., 2008 WL 918311 (N.D. Tex.)

File under “surprised that there was a need to litigate this”: Nominative fair use is a defense that applies to trademark infringement, not false advertising. Oddly, and perhaps explaining some of the confusion, in so holding the court nonetheless labels plaintiff’s §43(a)(1)(B) claim trademark infringement: “The gravamen of plaintiff’s trademark infringement claim is that defendant has falsely represented the nature, characteristics, and qualities of Ambrotose® glyconutritional products on its website by suggesting that Ambrotose® capsules are comprised of ‘75% fillers’” (emphasis added).