Lee Popkin

Lee Popkin

Proskauer Rose LLP

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The Bryant Park Hotel Denied Preliminary Injunction in Trademark Dispute

The Bryant Park Hotel has been using its registered trademarks, including the well-known mark THE BRYANT PARK HOTEL, in connection with hotel, restaurant, and bar services since 2001, but U.S. District Judge Rakoff found that...more

5/7/2015 - Hospitality Industry Hotels Judge Rakoff Likelihood of Confusion Restaurant Industry Trademarks

Court’s Maine Message to Plaintiff Suing Poland Spring: You Don’t Have a Leg to Stand on

The District Court of Maine recently provided a reminder that – even in the post-Lexmark world of Lanham Act false advertising standing – Article III standing requirements can still impose a meaningful barrier on plaintiffs....more

4/8/2015 - Advertising Article III False Advertising Lanham Act Nestle Standing

Lawful Waffle: California Courts Dismiss “Natural” Food False Ad Claims

Two California courts have recently dismissed false advertising claims concerning the marketing of food products as “natural,” marking a departure from the trend in consumer class actions in that state. In Richards et...more

11/5/2014 - Advertising Class Action Corporate Counsel False Advertising Food Labeling Food Manufacturers Grocery Stores Kraft Nutrition Facts Labels Safeway Inc

L’Oréal Smooths Things Over With FTC, Reaches Proposed Settlement Regarding Anti-Aging Claims For Its Skin Care Products

On June 30, the Federal Trade Commission announced that it had reached a proposed settlement with L’Oréal USA, Inc. related to the Commission’s investigation of anti-aging claims made in advertisements for Lancôme Génifique...more

7/16/2014 - Advertising False Advertising FTC L'Oreal

Courts In 9th Circuit Continue To Split On Ascertainability: “All Natural” Class Action Dies On the Vine But Sexual Energy...

On June 13, 2014, U.S. District Judge Charles R. Breyer of the Northern District of California, issued an order denying class certification to a putative class of consumers who had purchased ConAgra food products labeled as...more

7/3/2014 - Ascertainable Class Bayer Class Certification ConAgra POM Wonderful Putative Class Actions

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