IP Buzz - November 2013

In this issue:

- NAD Case Reports in Federal Court: What Evidentiary Value Does a Self-Regulatory Decision Hold?

- "Making Sound Business Decisions: Considerations in Evaluating Whether to Litigate or Settle" at the Patent Infringement Litigation Summit – San Francisco, CA

- Excerpt from: NAD Case Reports in Federal Court: What Evidentiary Value Does a Self-Regulatory Decision Hold?

The evidentiary value of an opinion by an advertising self-regulatory body like the National Advertising Division is an issue that has received relatively little attention. Although NAD is designed to adjudicate advertising disputes quickly, efficiently, and effectively, sadly it does not always have the final word. Sometimes a disappointed party before the NAD chooses to move the dispute to federal court under the Lanham Act. Other times the advertiser may find itself the subject of a consumer class action lawsuit after receiving an unfavorable NAD recommendation. In either circumstance, your client may wonder: What evidentiary impact will the NAD’s case report have if my advertising is challenged in federal court?

Please see full newsletter below for more information.

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