Reference no: EM133595099

Question: Hot Wax, Inc., produces and markets car waxes to carwashes through the country. Its formula for car wax incorporates carnauba waxes at a considerable cost. Turtle Wax, Inc., entered the carwash supply industry, but it uses neither carnauba nor beeswax in its car waxes. Instead, it uses mineral seal oils or wax emulsions that are considerably cheaper than traditional wax ingredients. As a result, Turtle Wax has become a leader in the car wax industry. Hot Wax filed suit against Turtle Wax, alleging that Turtle Wax engaged in false advertising in violation of Section 43(a) of the Lanham Act by promoting its products as "wax" when the products did not actually contain wax. Turtle Wax responded that Hot Wax's definition of "wax" was overly formalistic and introduced consumer surveys that indicated that consumers got exactly what they expected from a wax when they purchased Turtle Wax products--polish, shine, and protection. Hot Wax filed for summary judgment. Should the court grant summary judgment to Hot Wax? Why, or why not?