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Sectra Communications’ false-ad claims over allegedly biased VPN testing belong with jury, US judge rules

By Melissa Ritti ( October 29, 2024, 16:22 GMT | Insight) -- Sectra Communications and its predecessor Columbitech were greenlighted yesterday to argue at an upcoming trial that Absolute Software and Mobile Sonic violated the Lanham Act when they shared with potential customers the results of biased testing of the plaintiffs’ mobile VPN product. In partially denying the defendants' summary judgment motion, a US judge said that although he “remains skeptical of the inability of the sophisticated customers at issue here to view the testing information with a grain of salt, the Court is not the factfinder.”A “Competitive Brief” maintained by Absolute Software and Mobile Sonic which touted the results of allegedly biased testing they conducted of mobile VPN products by Sectra Communications and Columbitech could conceivably form the basis of a claim for false advertising under Section 1125(a) of the Lanham Act....

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