Cashmere & Camel Hair Manufacturers Institute v. Saks Fifth Avenue
United States Court of Appeals for the First Circuit
284 F.3d 302 (2002)
Harve Benard (defendant) sold blazers at Saks (defendant) labeled as a luxurious cashmere-and-wool blend with 10% cashmere content, but testing by the Cashmere & Camel Hair Manufacturers Institute (plaintiff) revealed the garments contained little or no cashmere, and any cashmere present was undisclosed recycled cashmere. The Institute and a member manufacturer, Packard (plaintiff), sued for Lanham Act false advertising; the district court granted the defendants summary judgment, and the plaintiffs appealed.
Whether a Lanham Act false-advertising plaintiff who proves the defendant made a literally false material misrepresentation must independently prove that the misrepresentation actually deceived consumers, or may instead rely on a presumption of deception.