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INTERN. CODE COUNCIL, INC. v. UPCODES INC.

Docket Nos. 21-826, 21-827 August Term, 2021.

43 F.4th 46 (2022)

INTERNATIONAL CODE COUNCIL, INC., Plaintiff-Counter-Defendant-Appellant, American Society of Civil Engineers, Plaintiff, v. UPCODES INC., Defendant-Counter-Claimant-Appellee, Garrett Reynolds, Scott Reynolds, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 29, 2022.

Attorney(s) appearing for the Case

J. Kevin Fee ( James Hamilton , Raechel Keay Kummer , Jane W. Wise , Jason Y. Siu , on the brief), Morgan, Lewis & Bockius LLP, Washington, D.C., for Appellant;

Eugene Novikov ( Joseph C. Gratz , Ragesh K. Tangri , Catherine Y. Kim , on the brief), Durie Tangri LLP, San Francisco, CA, for Appellees.

Before: Walker, Sack, and Carney, Circuit Judges.

International Code Council, Inc. ("ICC"), a nonprofit organization that develops model building codes and standards, sued a for-profit competitor, UpCodes, Inc., for false advertising in violation of the Lanham Act, 15 U.S.C. § 1125(a), New York General Business Law §§ 349 and

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