John Browning

John Browning

Proskauer Rose LLP

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Procter & Gamble Must Say Goodbye to Proposed Amended Claim against Hello, while Hello Says Goodbye to Lawsuit

A lawsuit between Procter & Gamble (“P&G”) and Hello Products (“Hello”) – a toothpaste start up that promotes its products as “naturally friendly” – settled last week with the entry of a stipulated injunction, but Hello might...more

6/18/2015 - Discovery False Advertising Lanham Act Leave to Amend Preliminary Injunctions Proctor & Gamble Settlement Unfair or Deceptive Trade Practices

Maker’s Marketing: Bourbon Distiller Racks up “Handmade” False Advertising Victory

In a decision that will interest distillers and hipster connoisseurs of artisanal beverages alike, a district court in the Northern District of Florida has decided that Maker’s Mark can describe its whiskey as “handmade”...more

5/21/2015 - Advertising Class Action False Advertising Wine & Alcohol

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

3/19/2015 - Advertising Antitrust Investigations Defamation False Advertising Fine Art Lanham Act Popular

Nutritious and Judicious: Nutribullet Blender False Ad Claim Survives Attack from Ninjas and Phantom Reviewers

While courts may not officially be in the business of ghostbusting, a district court in California recently offered some support to a blender manufacturer apparently haunted by a phantom reviewer. The court found that...more

3/5/2015 - Advertising Corporate Counsel False Advertising Interstate Commerce Lanham Act Online Reviews

Third Circuit Irons Out “Powerful” Performance False Advertising Dispute

The Third Circuit has rendered a notable decision with important implications for the use of fine print in advertising. The Court held that small print statements that explicitly define the terms of a more prominent superior...more

1/14/2015 - Advertising Business Litigation False Advertising Injunctive Relief

What a Tangled Web We Weave, When First We Practice to Deceive: Second Circuit Holds that “Deliberate Deception” Creates Legal...

On July 29, the Second Circuit clarified its view that, in a two-player market, willfully deceptive advertising – even non-comparative advertising – creates a legal presumption of consumer confusion and injury, applicable to...more

8/5/2014 - Advertising Damages Deceptive Intent False Advertising Lanham Act Liability Manufacturers Merck Nutritional Supplements Unfair or Deceptive Trade Practices

Cracking Under Pressure: “Raw” Juice Class Action down the Drain after Plaintiffs Cite Articles that Squeeze the Life out of their...

On July 2, 2014 Judge Vince Chhabria dismissed a class action alleging that Hain Celestial Group, a manufacturer of “raw” juices, misleadingly labelled and advertised its wares. This dismissal is noteworthy – and should stand...more

7/17/2014 - Class Action Food Labeling

Social Media Class Actions Buy the Farm(Ville): Ninth Circuit Dismisses Consumer Claims Against Zynga and Facebook for Sharing...

Farmville is a game that celebrates the digital harvest: players earn Farm Coins by diligently and systematically harvesting their virtual crops. Yet a different kind of digital harvest – the harvest of user data – was at the...more

6/18/2014 - Advertising Class Action Data Collection Data-Sharing Facebook Farmville Popular Privacy Policy Social Networks Zynga

Get That Thing Out of My Face(book)! – Canadian Woman Brings Class Action Against Facebook in Ontario for Private Message Scanning

How private is private? This is the question at the heart of a putative class action recently brought against Facebook in Toronto. Plaintiff Lavinia Latham claims, on behalf of herself and up to 18-million similarly situated...more

5/6/2014 - Advertising Canada Class Action Consent Data Mining Facebook Internet Privacy Privacy Concerns Privacy Laws

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