News & Analysis as of

False Advertising Preliminary Injunctions

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2022: Don't Delay, Act Today: Showing of Irreparable Harm Damaged by Delay in Filing Complaint

In a recent court order out of the Eastern District of Washington, a judge denied the Plaintiff’s request for a preliminary injunction against Defendant’s use of the mark LEAVENWORTH OKTOBERFEST, based in part on Plaintiff’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2022

Thank you for reading the October 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark suit involving a claim of irreparable harm, share the now open gTLD Sunrise periods,...more

Cozen O'Connor

41-State Data Breach Settlement | Additional CCPA Regulations | Suit Over Patient Discharge Notice

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Antitrust- Attorneys General Testify in House Hearing on Big Tech and Competition- •On March 18, 2021, Colorado AG Phil Weiser and Nebraska AG Doug Peterson testified before the Subcommittee on Antitrust, Commercial,...more

Proskauer - Advertising Law

Seventh Circuit Cans District Court Injunction in Beer Brands Corn Syrup Suit

Last month, the Seventh Circuit reversed a district court’s decision preliminarily enjoining Anheuser-Busch from making various advertising claims related to the absence of corn syrup in Bud Light, including that Bud Light...more

Sunstein LLP

3M Strikes Against N95 Mask Price Gouging

Sunstein LLP on

3M Company is well known for its vigilant program of trademark protection, and that has been underscored during the pandemic. Most recently, 3M obtained a sweeping preliminary injunction in the Sothern District of New York...more

McDermott Will & Emery

Light Beer Sweetener – Not So Sticky After All

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The US Court of Appeals for the Seventh Circuit held that a brewing company’s statements that a competitor’s beers were made with corn syrup were not false and misleading under the Lanham Act because the competitor listed...more

ArentFox Schiff

A Case of Beer: Seventh Circuit Decides Ad Dispute Between Anheuser-Busch and Molson Coors

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The Seventh Circuit recently resolved a false advertising lawsuit involving beer giants Anheuser-Busch, the maker of Bud Light, and Molson Coors, which makes Miller Light and Coors Light. At the center of the dispute – one of...more

Manatt, Phelps & Phillips, LLP

FTC Sends 45 Additional Warning Letters to Marketers Over Coronavirus Claims

On May 7, 2020, the Federal Trade Commission (FTC) sent an additional 45 warning letters to companies and individuals concerning allegedly unsubstantiated claims that their products can treat or prevent COVID-19. This is the...more

Proskauer - Advertising Law

Seventh Circuit Remands after District Judge Makes Injunction Stickier in Light Beer Corn Syrup Dispute

The Seventh Circuit has remanded a lawsuit concerning beer advertising to the district court for failure to follow required procedures in issuing a preliminary injunction – the latest development in the case’s torturous...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update – November 2019

Main Quest: Does Your Gaming Stream Violate the Copyright Act? Streaming platforms, such as Twitch, Mixer and YouTube Gaming, are quickly becoming household names, with daily viewership rates that rival those of more...more

King & Spalding

False Advertising Claims in the U.S. – Even “Corny” Disputes Are No Laughing Matter

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A significant percentage of a company’s total budget may be spent on advertising and promotion. Commercials, social media campaigns, contests, billboards, print ads, and point-of-sale displays all take time to design,...more

Snell & Wilmer

The Truth Is in the Syrup: Bud Light Ordered to Remove ‘No Corn Syrup’ from Packaging in False Advertising Battle

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The U.S. District Court, District of Wisconsin, recently ordered Anheuser-Busch to stop using the label “No Corn Syrup” on its packaging, the latest ruling in a false advertising battle filed over Anheuser-Busch’s attack ads...more

Dorsey & Whitney LLP

Context is King for the King of Beers: The “No Corn Syrup” Injunction Gets Sticky

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Anyone who saw the Special Delivery commercial during the Super Bowl is familiar with Bud Light’s “No Corn Syrup” campaign. The Special Delivery commercial made it pretty clear that Miller Light and Coors Light are brewed...more

Manatt, Phelps & Phillips, LLP

Beer Brand Battle Continues With Preliminary Injunction

A federal court judge has weighed in on the battle dubbed “Corngate” between Bud Light and competitors Miller Lite and Coors Light, denying Anheuser-Busch InBev’s motion to dismiss MillerCoors’ false advertising lawsuit....more

Jackson Walker

A King, a Knight, and a Wizard Walk Into the Bar: A Tale of False Advertising Under the Lanham Act

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“During Super Bowl LIII, defendant Anheuser-Busch Companies, LLC, launched an advertising campaign highlighting plaintiff MillerCoors, LLC’s use of corn syrup in brewing Miller Lite and Coors Light. . . .” MillerCoors, LLC v....more

Lowndes

Beer Giants Battle Over Comparative Advertisements

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Recently, MillerCoors, LLC filed a lawsuit against Anheuser-Busch Companies, LLC for false advertising on one of the world’s largest stages, Super Bowl LIII....more

Hogan Lovells

"IP Fast Action Protocol" facilitates processing of preliminary injunctions at Mobile World Congress 2019

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The Mobile World Congress (MWC), whose latest edition took place in Barcelona from 25 to 28 February 2019, is the largest mobile communications event in the world where new devices, applications and the latest developments in...more

Proskauer - Advertising Law

SDNY Judge Not Sweet on Dannon’s Bid for a Preliminary Injunction

In a battle of leading yogurt beverage makers, Chief Judge Colleen McMahon of the U.S. District Court for the Southern District of New York recently denied Dannon’s application for a preliminary injunction in its false...more

Manatt, Phelps & Phillips, LLP

Court Denies Preliminary Injunction in Yogurt Drink False Ad Suit

Dannon lost the latest round in the battle between yogurt brands when a federal judge in New York denied the company’s motion for a preliminary injunction against competitor Chobani....more

Dechert LLP

US Court Shields Google from Canadian Court Order in Search Delisting Dispute

Dechert LLP on

In Google LLC v. Equustek Solutions Inc.,1 a United States district court enjoined the enforcement of an order by the Supreme Court of Canada that directed Google to remove content from Google search results. The Canadian...more

Holland & Knight LLP

Court Refers Parts Dispute to FAA Under Primary Jurisdiction Doctrine

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A Florida district court has taken the rare step of referring a dispute between aerospace industry competitors to the Federal Aviation Administration (FAA) under the "primary jurisdiction doctrine." Under this doctrine, a...more

Dorsey & Whitney LLP

Context Matters in False Advertising Cases – District Court Judge Denies Chobani Motion for Reconsideration of Scope of Injunction

Dorsey & Whitney LLP on

In a further development in the yogurt false advertising battle between Dannon and Chobani, the federal district court has rejected Chobani’s request that it reconsider and limit the scope of the injunction it issued in late...more

Morrison & Foerster LLP - Class Dismissed

Chobani Suffers Setback in Greek Yogurt Wars

Chobani recently suffered a major setback in its battle with Dannon over the advertising of low-calorie Greek yogurt. Judge David Hurd of the Northern District of New York issued a preliminary injunction on January 29, 2016,...more

Dorsey & Whitney LLP

Chobani Yogurt Ad Campaign Enjoined – A Healthy Result for Yoplait and Dannon

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When I opened up a newspaper a few weeks ago and saw an ad by Chobani for its Simply 100 Greek Yogurt, my first thought was, “that’s going to provoke a false advertising dispute.” Here’s what Chobani said about its competitor...more

Kelley Drye & Warren LLP

Tenth Circuit Rules that False Advertising Plaintiffs Must Alleged Evidence of Implied Falsity and Quantify Damages at Pleading...

In a Lanham Act false advertising action by cosmetic surgeons against plastic surgeons – yes, those are two different things – the Tenth Circuit Court of Appeals, in an August 31 opinion, affirmed dismissal of Lanham Act...more

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