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Lanham Act Advertising Today's Popular Updates

Dorsey & Whitney LLP

Spotlight or Lawsuit? Strategic Brand Use in Film and Media

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When The White Lotus returned to HBO for its third season, it came with the usual dose of dramatic tension, along with one unexpected intellectual property wrinkle. [WARNING – Potential Plot Spoiler Ahead!] In a particularly...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 7

New Suit Claims "Scientifically False" Pheromone Ads Are "Pure" False Advertising - "It's not myth. It's science." So claims Pure Instinct in its ads for pheromone perfumes. But a new class action lawsuit claims it's not...more

Vondran Legal

Artificial Intelligence Law - Intellectual Property Protection for your voice?

Vondran Legal on

With the advent of AI technology capable of replicating a person's voice and utilizing it for commercial purposes, several key legal issues are likely to emerge under California's right of publicity law. The right of...more

Venable LLP

Branding the Future: Advertising Law, the Metaverse, and NFTs - Part 1

Venable LLP on

​​​​​​​In his 1992 sci-fi thriller Snow Crash, author Neal Stephenson allowed his characters to escape from a dystopian Los Angeles into a completely virtual realm he called the metaverse. Thirty years later, in the age of...more

Kelley Drye & Warren LLP

Is It Time to Rethink Establishment Claims?

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The decision in Kwan v. Sanmedica International, 854 F.3d 1088 (9th Cir. 2017) in April, has occasioned a lot of discussion about the apparent demise of the establishment claim “standard” in California. What the Kwan decision...more

Kelley Drye & Warren LLP

Contributory False Advertising Liability Is Officially a Thing in the Eleventh Circuit

On August 7, the Eleventh Circuit Court of Appeals, ruling on a question that the Court determined to be one of first impression, has ruled that a cause of action for contributory false advertising can be maintained under...more

Proskauer - Advertising Law

It’s a Complete Red Haring: Court Dismisses Wide Ranging Art-Authentication Lawsuit against Keith Haring Foundation

Art is no stranger to great controversy, although the arbiters of art world disputes are usually critics and artists rather than federal judges. Nevertheless, in early March, Judge Denise Cote of the Southern District of New...more

McNees Wallace & Nurick LLC

Intellectual Property 2014 Year in Review

The year 2014 saw some important developments in the area of intellectual property law. A number of intellectual property-related issues even made national headlines. Who can forget the public debate over the rightful...more

Foley Hoag LLP - Trademark, Copyright &...

How Not To Market Your Business Online (Even If It Works): Claims Against Fake Review Sites And Stolen Obituary Photos Survive...

Despite celebrity endorsements from the likes of Dennis Miller and Alan Thicke, all that glitters isn’t gold when it comes to the marketing of precious metal investments. In March 2014, American Bullion, Inc., which is in the...more

Foley Hoag LLP - Trademark, Copyright &...

Supreme Court Paves The Way For Lanham Act Claims Against FDA-Regulated Competitors

The Supreme Court issued a unanimous decision last week in Pom Wonderful LLC v. Coca-Cola Co., a case pitting the false advertising provisions of the Lanham Act against the beverage labeling standards of the federal Food Drug...more

Dorsey & Whitney LLP

POM Wonderful: U.S. Supreme Court Holds Lanham Act False Advertising Claims Not Precluded by FDA Statute

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On June 12, 2014, the United States Supreme Court issued its decision in POM Wonderful LLC v. Coca-Cola Co., No. 12-761, which confirms that federal false advertising claims can be brought against false or misleading...more

Foley & Lardner LLP

Supreme Court Holds That Lanham Act False Advertising Claims Are Not Preempted by FDCA

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Earlier today, the U.S. Supreme Court unanimously held that a Lanham Act false advertising case may be brought even if Food and Drug Administration (FDA) beverage labeling regulations permit use of the challenged claim....more

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