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Lanham Act › Puffery

IMS Legal Strategies

Best Practices for Materiality Surveys in False or Deceptive Advertising Cases

IMS Legal Strategies on

This article provides an overview of materiality’s important role in false and deceptive advertising law, centered around the role of consumer surveys. It explains the legal requirements for materiality under different...more

Fenwick & West LLP

Interoperable or Infringing: Ninth Circuit Requires “Something More” for Rightsholders to Claim Derivative Works

Fenwick & West LLP on

In a closely watched appeal, a panel of the U.S. Court of Appeals for the Ninth Circuit recently vacated a permanent injunction from the District of Nevada against software provider Rimini. Oracle Int’l Corp. v. Rimini St.,...more

McAfee & Taft

Then I’ll huff, and I’ll puff, and it’ll be fine

McAfee & Taft on

False or misleading advertising, also known as commercial disparagement or trade libel, is generally actionable under federal law, state law, and common law. For example, on the federal level, false or misleading advertising...more

Jones Day

JONES DAY TALKS®: Straight Talk About False Advertising: What Every Lawyer Needs to Know

Jones Day on

False advertising cases remain a complicated area of intellectual property law. Jones Day's Meredith Wilkes, Jessica Bradley, and John Froemming talk about the types of false advertising claims, explain who can sue, describe...more

Herbert Smith Freehills Kramer

Advertising Litigation Report: Vol. 2, No. 1

Herbert Smith Freehills Kramer on

Lanham Act False Advertising - Lanham Act Liability for Native Advertising Violations - Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016) - ...more

Morrison & Foerster LLP - Class Dismissed

Chobani Suffers Setback in Greek Yogurt Wars

Morrison & Foerster LLP - Class Dismissed on

Chobani recently suffered a major setback in its battle with Dannon over the advertising of low-calorie Greek yogurt. Judge David Hurd of the Northern District of New York issued a preliminary injunction on January 29, 2016,...more

Zelle LLP

Competitors Push Back With False Advertising Laws

Zelle LLP on

In a time when the “disruptive” label is far from viewed as pejorative and, in fact, deemed essential for many new business models, existing market participants looking to fight back are turning to powerful federal and state...more

Proskauer - Advertising Law

Uber Ordered to Buckle Up for Litigation: Taxicab Plaintiffs Ride out (in part) Uber’s Motion to Dismiss False Advertising Claims

Proskauer - Advertising Law on

A group of California taxicab companies sued Uber in federal court in San Francisco for falsely advertising the safety of Uber rides and for disparaging the safety of taxi rides. Uber moved to dismiss plaintiffs’ Lanham Act...more

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