Andreessen Horowitz backed firm, Labelbox, appears to threaten Federal Court to pre-seed upstart Diffgram.

“I caution you that knowingly making false statements of this sort can give rise to liability for defamation and for violations of section 43(a) of the Lanham Act. Given the seriousness…” —Labelbox law firm from letter

Example of increase in Diffgram star history — one metric among many.
Left: Ratings of firms as per glassdoor, Center: Labelbox, Right: Diffgram Folder with proof

41 U.S.C. § 1125(a)(1). The Lanham Act Elements

To prevail on a false-advertising claim under the Lanham Act, a plaintiff must satisfy the following elements: (1) a false or misleading statement of fact; that is (2) used in a commercial advertisement or promotion; that (3) deceives or is likely to deceive in a material way; (4) in interstate commerce; and (5) has caused or is likely to cause competitive or commercial injury to the plaintiff.



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