(United States Fourth Circuit) - In a suit brought by a company in the commerce of selling internet domain names and operates the popular .com and .net top-level domains,alleging its competitor made a series of statements touting the popularity of the .xyz domain and warning of a shortage of desirable .com domain names which violated the Lanham Act's false advertising provisions, the district court's grant of summary judgment to defendant is affirmed where: 1) as to defendant's self-promoting statements, and most of which concern its registration numbers,plaintiff failed to produce the required evidence that it suffered an actual injury as a direct result of defendant’s conduct; and 2) plaintiff did not establish that defendant's statements approximately the availability of suitable .com domain names were false or misleading statements of fact, as required for Lanham Act liability.
Source: findlaw.com