Companies spend an immense amount of time on advertising and sending out messages to consumers. Competitors often do not like or agree with those messages. But can competitors turn that dislike into a claim for false advertising under the Lanham Act? Not always, as the United States District Court for the Eastern District of Michigan recently dismissed false advertising claims brought by energy drink maker Vitamin Energy, Inc. against International IP Holdings, LLC and Innovation Ventures, LLC (“Innovation Ventures”), the makers of 5-HOUR ENERGY energy shots.
