Facts

Two competing tuna sellers accused each other of false advertising.

King Tuna Inc.'s primary business was in the sale of sashimi-grade raw and/or preserved tuna. It claimed that its tuna products were superior to its competitors' offerings. It alleged that its rival, Anova Food Inc.'s marketing and advertisements were false. King alleged that Anova's products were treated and processed in a manner substantially different from the representations made in its advertisements and marketing communications.

Anova denied all of King's allegations and filed a counter-claim against King, accusing it of false advertising.

Damages

King sought expenses and losses as a result of Anova's misrepresentations and sought recovery in the form of damages, restitution, and injunctive relief. Anova sought damages for a large false patent marking fine.

Result

The court found in Anova's favor and entered judgment against King on all its claims and in favor of Anova. King was also found liable for false patent marking and false advertising damages. Anova was to recover $1.5 million, its actual damages under the Lanham Act, plus post-judgment interest and costs. The court further found King liable for civil penalties in the amount of $1.8 million with interest. King was permanently enjoined from marketing, marking, advertising, and/or selling any seafood products marked or advertised as made under a specific U.S. patent.