Lee Popkin

Lee Popkin

Proskauer Rose LLP

Contact  |  View Bio  |  RSS

Latest Publications


Not Sweet Enough: Ninth Circuit Tosses Claims Over Fresh Sugar Lip Balm Labeling and Packaging

Plaintiff Angela Eber filed a putative class action against Fresh, Inc. alleging that the label, design and packaging of its Sugar lip balms deceived consumers about the amount of available product. In a published panel...more

4/14/2016 - Product Labels Product Packaging Putative Class Actions Reasonable Person Test Safe Harbors Unfair or Deceptive Trade Practices

TTAB Relents: Board Agrees to Vacate Likelihood of Confusion Finding at District Court’s Direction

Last week, the TTAB agreed to vacate a precedential decision at the direction of a district court judge putting an end (for now) to a stand-off between the administrative body and the federal judiciary. As we have previously...more

3/9/2016 - B&B Hardware v Hargis Industries Issue Preclusion Likelihood of Confusion SCOTUS Trademark Infringement Trademark Litigation Trademark Opposition Proceedings Trademark Trial and Appeal Board Vacated

SPF 70 Claims Blocked

A putative class action got burned at the certification stage earlier this month when U.S. Magistrate Judge Edwin G. Torres for the Southern District of Florida found that the proposed class failed to satisfy the...more

1/7/2016 - Ascertainable Class Class Certification Neutrogena Product Labels Putative Class Actions Standing Typicality

Staying Natural: Hain Label Dispute Must Wait for Ninth Circuit Decisions

A district judge in the Northern District of California pressed pause on a mislabeling suit involving “natural” claims pending the outcome of two Ninth Circuit appeals. Astiana v. The Hain Celestial Group, Inc., et al.,...more

11/24/2015 - All Natural Cosmetics False Advertising FDCA Putative Class Actions Stays

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

9 Results
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.