Lanham Act vs. First Amendment- Clarifying the Proper Scope of Commercial Speech

Short summary

The Tenth Circuit clarified that courts must take a 'holistic' approach to determine whether speech is commercial under the Lanham Act, using Bolger factors. The court allowed KetoNatural's false advertising claim against Hill's website statements to proceed but dismissed vicarious liability for third-party veterinarian statements. Non-traditional advertising that disparages competitors can qualify as commercial speech even without referencing a specific product.

• •Tenth Circuit requires holistic approach for commercial speech determination under Lanham Act
• •KetoNatural's false advertising claim against Hill's website statements survives dismissal
• •Hill's not vicariously liable for statements by independent veterinarians and nonprofits

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