Cuando la marca viaja en turista y sin registro
Is My Guitar Pedal a Klone or a Counterfeit? — No Infringement Intended Podcast
Employment Law Now VIII-150 - The FTC Noncompete Rule is Dead: What Now?
Balch’s Decision Dive: Texas Trial Court Struck Down the FTC’s Noncompete Rule
5 Key Takeaways | Recent Developments in United States Trademark and Unfair Competition Law
The FTC Issued a New Rule to Ban All New Noncompete Agreements
3 Key Takeaways | New York State Bar Association IP Section Annual Meeting
Trade Secret Two-Step: Part 2
Trade Secret Two-Step: Part 1
PODCAST: Williams Mullen's Trending Now: An IP Podcast - False and Misleading Advertising, Label Review
JONES DAY TALKS®: 75 Years of the Lanham Act and Changes in U.S. Trademark Law
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
Food delivery service GrubHub will pay $25 million in a pre-New Year settlement with the Federal Trade Commission (FTC) and has agreed to make comprehensive changes to its business practices to resolve charges that it engaged...more
The company behind social media phenomenon, Poppi Soda (“Poppi”) may be in fizzy waters for its claims the beverage provides prebiotic benefits to consumers....more
Teslas are everywhere these days, including for a while longer at the courthouse defending a class action lawsuit that will proceed for now. Plaintiffs' allegations that Tesla misled consumers about the self-driving features...more
A federal judge in California certified a class in an action alleging unfair competition and false advertising against Barilla America, Inc. (“Barilla”). In Sinatro v. Barilla America, Inc., No. 22-cv-03460-DMR, 2024 WL...more
“Everyone dies.” This was the first line in the California Attorney General’s 2021 complaint against the nation’s largest funeral service provider, Service Corporation International (“SCI”). Earlier this month, Attorney...more
When we talk about advertising claims (e.g., on product labels, websites, social, etc.), we stress that "claims must be truthful, not misleading, and substantiated." The requirements to be "truthful and not misleading" seem...more
“Blessing Loom” Scheme Unravels in FTC Settlement - Esoteric trappings can’t save pyramid-scheme-by-another-name - Neolawgism - By certain ironclad laws of demography, we aren’t allowed to add terms to the...more
A trio of recent cases challenging disparate food and beverage labels offers a few common substantive and procedural lessons for companies. First, the back panels – when considered in light of U.S. Food and Drug...more
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
Will Coppertone Get Burned for Its Labels? Consumer class action alleges sunscreens are all the same - It’s Not Much, But It’s Something - Through the years, Coppertone - the sun protection products brand owned...more
Key Takeaway: As consumer demand for “sustainable” products grows, so does the risk of litigation challenging sustainability claims on advertising and packaging. As one recent case shows, failure to plead actual reliance can...more
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
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
Following a three-day bench trial, Judge Jeffrey S. White of the Northern District of California recently held that Plaintiffs lack standing to pursue their false advertising claims against SeaWorld relating to its treatment...more
In This Issue: - Dyson Appeals NAD Air Purity Rebuke - Court to Kanye Plaintiff: Imma Let You Finish - Are All Bets Off on Free-to-Play? - Instagram Celeb Alleges Link Theft! - Third Circuit Weighs In on Autodialer...more
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
The Situation: On January 31, 2018, the Italian Supreme Court ruled on the first Italian product-related class action promoted by a consumers' association. The Result: The Court upheld the consumer's class action claim...more
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
"Miracle Gel" Not a Salon Gel Manicure, Ad Board Says - In an appeal from a ruling by the National Advertising Division (NAD), the National Advertising Review Board (NARB) upheld a recommendation that Coty discontinue...more
This week, the U.S. Court of Appeals for the Ninth Circuit held that allegations that unsolicited advertisement text messages were sent in violation of the Telephone Consumer Protection Act (TCPA) established a concrete...more
In Pulaski & Middleman, LLC v. Google, Inc., No. 12-16752, 2015 U.S. App. LEXIS 16723 (9th Cir. Sept. 21, 2015), a Ninth Circuit panel held that individualized damages (or restitution) calculations cannot alone defeat Rule...more
The Italian Competition Authority and the Italian Tax Police (Guardia di Finanza) signed a new Joint Protocol, which provides increased mutual exchange of information and closer cooperation in the context of investigations...more
The California Court of Appeals recently held that the Federal Arbitration Act (“FAA”) preempts California’s Broughton-Cruz rule, which states that arbitration agreements for injunctive relief under California’s unfair...more
A recent Ninth Circuit decision caught my eye. It addressed whether a state enforcement action can be barred by a class action settlement on the same issue, finding that it was barred in part, to the extent the suit sought...more