News & Analysis as of

Supreme Court Rules That A Non-Competitor Has Standing To Assert False Advertising Claims

On March 25, the U.S. Supreme Court held that a company has standing to assert a false advertising claim against a non-competitor under Section 43(a) of the Lanham Act if it can "show economic or reputational injury flowing...more

Italy: Special price claims might be misleading

Advertised special discounted prices of an online travel website have been challenged by the Italian competition authority (AGCM) that has jurisdiction also on misleading advertising since the claim omitted to mention that...more

“Faux” Foods and False Advertising Claims: A New Recipe for Whipping Up Lawsuits

With an era of 3D printable food dawning, the Star Trek “food replicator” is beginning to look more like modern reality instead of the stuff of science fiction. Every day and in every way, food scientists and flavor...more

Cheese Wars

Trademarks covering cheese are at the heart of two lawsuits involving Kraft Foods Group, Inc. (“Kraft”). Kraft is the largest packaged-food company in the United States. It is second only to Nestlé in terms of world sales. ...more

How Much "Competition", If Any, Is Required to Establish Standing in Lanham Act False Advertising Cases—the Supreme Court May Be...

Lanham Act false advertising law is largely consistent among the various federal circuit courts. However, one area of Lanham Act jurisprudence where the federal appellate courts do not see eye-to-eye concerns who has standing...more

A Busy Year in Court: Canadian Competition Law in 2012

2012 was a busy year for Canadian competition litigation, as numerous cases were heard or decided. The Supreme Court of Canada heard three class proceedings cases involving the Competition Act and the Competition Tribunal had...more

Insurance Cases to Watch in 2013

Larry Golub was quoted in a Jan. 1, 2013, article published on Law360, Insurance Cases to Watch in 2013 (subscription required) about key insurance cases lawyers, and those in the insurance industry, should keep an eye out...more

“Raw” Row: NAD Declines Recommending Discontinuance of IN THE RAW Product Claim for Stevia Sweetener

Cargill Health & Nutrition, the maker of TRUVIA sweeteners, recently brought a false advertising challenge against its competitor Cumberland Packing Corp. over Cumberland’s use of the product name STEVIA IN THE RAW. See...more

Pomegranate Juice Unfair Competition Claims Headed for Trial

The motions focused on Organic Juice’s allegations that Pom’s failure to mention its juice being from concentrate in its print ads and website (but still printed on the bottle) was an effort to deceive consumers....more

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