The Ninth Circuit affirmed summary judgment in favor of Igloo Products Corp., holding that claims about being the “first” company to bring a product to market do not constitute actionable false advertising under the Lanham Act when they concern the origin of an idea rather than a product’s tangible characteristics. The dispute arose after Vericool World LLC accused Igloo of falsely marketing its “Recool” product as the world’s first biodegradable cooler, despite Vericool allegedly introducing a similar plant-based cooler earlier. Writing for the majority, Judge Ryan Nelson explained that the Lanham Act protects against misrepresentations about a product’s nature, qualities, or characteristics, not claims tied to inventorship, innovation, or who first conceived an idea. Relying heavily on the Supreme Court’s decision in Dastar Corp. v. Twentieth Century Fox Film Corp., the court emphasized that patent and copyright law, not trademark law, govern disputes over originality and creative ownership. In a sharp dissent, Judge Patrick Bumatay warned that the ruling improperly narrows the Lanham Act and could allow companies to mislead consumers about a product’s origin or innovation so long as the deception relates to intangible qualities.