News & Analysis as of

Unfair Competition Advertising Lanham Act

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

Kohrman Jackson & Krantz LLP

How To Protect Your Brand From Competitors This Holiday Season

The holiday season is a pivotal time in the retail sector in both in-store and online forms, presenting retailers with key opportunities to boost revenue. As consumers shop year-end sales, competitors continuously find...more

BakerHostetler

AD-ttorneys@law - September 2022

BakerHostetler on

CSPI to FDA: Move to the Front! Watchdog barks at industry efforts to highlight nutrition facts - Gesundheit FOPNL. It’s sweeping the globe. What is it, you ask? A new government agency? An awful skin condition? A...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - False and Misleading Advertising, Label Review

Williams Mullen on

Are you interested in learning the best way to advertise and promote your product and services in the competitive marketplace? On the latest episode of Trending Now - An IP Podcast, Ed White and Rob Van Arnam discuss how best...more

Davis Wright Tremaine LLP

Stay ADvised: What's New This Week - May 2021

Shining a metaphorical light on claims about solar panels, the office of New Jersey State Attorney General Gurbir S. Grewal has entered into a consent order compelling a company accused of deceptive advertising its solar...more

McDermott Will & Schulte

Infringer Need Not Have “Affixed” the Mark to Goods to Be Found Liable

Applying generally accepted principles of trademark law, the US Court of Appeals for the Federal Circuit found that using a competitor’s trademarks in marketing materials to promote competing products constitutes trademark...more

Foley & Lardner LLP

Insurers Must Pay Cost of Defending Case Stemming from Use of Famous Marathoner’s Name

Foley & Lardner LLP on

Vibram – seller of the “FiveFinger” shoes – took an intellectual property insurance coverage dispute to the highest court of Massachusetts, and won. The Supreme Judicial Court of Massachusetts held that the insurers must pay...more

Proskauer - Advertising Law

Lanham Act Injunction Floored Where Social Media Criticisms Were Not “Commercial Advertising”

A judge in the Western District of Wisconsin recently denied a motion for a preliminary injunction that sought to prevent a customer from criticizing the plaintiff’s products over social media. Buckeye Int’l v. Schmidt Custom...more

Cozen O'Connor

Lack of Substantiation Theories in False Advertising Cases—The Burden Lies on the Plaintiff

Cozen O'Connor on

Often when we think of product liability we think of a product that doesn’t function as intended and causes some sort of damage resulting in warning, design and/or manufacturing defect claims. However, another important...more

Morrison & Foerster LLP - Class Dismissed

Pom Wonderful Drops Ninth Circuit Appeal of State Claims Filed Against Coca-Cola

On September 19, 2014, Pom Wonderful, LLC dropped its Ninth Circuit appeal of a ruling that dismissed its state deceptive advertising and unfair competition claims against Coca-Cola, a sibling case to a recent Supreme Court...more

CMCP - California Minority Counsel Program

Lanham Act Claims Are Not Precluded by Compliance with the FDCA

In POM Wonderful LLC v. Coca-Cola Co., decided last month, the U.S. Supreme Court confirmed that companies can bring unfair competition actions under the Lanham Act even when their competitors have complied with the Federal...more

Womble Bond Dickinson

Academic Advertising Seeks to Protect “Community College Jobs” as Trademark

Womble Bond Dickinson on

On April 15, 2014, Academic Advertising, LLC (“Academic”), a Georgia based limited liability company, brought suit against Jobelephant.com, Inc., and Michael Ang (“Jobelephant”), of San Diego, California, for trademark...more

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