Court Grants Summary Judgment for Client in Painaway v. MaxRelief

April 8, 2022

Dilworth Paxson partners James Rodgers and Silvio Trentalange recently secured the dismissal of a Lanham Act claim against client MaxRelief USA, Inc., via summary judgment.

The ruling came after a competitor asserted that MaxRelief USA's slogan—which described its pain relief spray and cream products as “Australia’s #1”—was false advertising. The U.S. District Court for the Eastern District of Pennsylvania disagreed and dismissed the case on summary judgment while wholly adopting DP's arguments.

The Court's findings include:

(1) MaxRelief USA’s use of “Australia’s #1” was mere puffery because it was a subjective, unquantifiable claim.

(2) The competitor failed to present any evidence that MaxRelief USA’s use of the “Australia’s #1” slogan deceived the purchasing public or influenced consumer decision.

(3) The competitor failed to present any evidence that it lost sales to MaxRelief USA because of MaxRelief USA using the “Australia’s #1” slogan.

Print to PDFPDFEmail PageEmailPrint HTMLPrint
Search Tips

Our Web site's search function employs a variety of techniques to help you make the most of your queries. In this tips section we use square brackets [ ] to signal queries, so [antitrust and litigation] is one query, while [antitrust] and [litigation] are two.

  • Exact phrases: Eliminate unnecessary search results by surrounding your search phrase with quotation marks. Placing ["project finance"] in quotes will return specific results and discard additional results that simply have the words "project" and "finance" peppered on a page.
  • Wildcard symbol: If you're not exactly sure how a piece of information you want is phrased, use the following symbol (*) as a word root expander. A search for [child*] will find not only "child," but also results with words like "children" and "childhood."

Related Lawyers

Related Industries

Related Practices

Related Offices

Media Contact