Trademarks, Advertising, False Advertising

Can Your Trademark Be False Advertising?

BakerHostetler on 4/3/2024

At the National Advising Division (NAD), competitors will sometimes go for the brass ring, the big prize, the whole enchilada, and ask the NAD to recommend that an advertiser’s trademarked slogan or even the brand name be...more

AD-ttorneys@law - April 2023 #2

BakerHostetler on 4/21/2023

Rapper 50 Cent Settles with Plastic Surgery Clinician - Claims clinic owner used snapshot to suggest ... something embarrassing - A Question You Wouldn’t Ask in Person - 50 Cent—rapper, TV producer, actor—once...more

Out of Vogue: Greenwashing litigation on the rise for fashion retailers

Eversheds Sutherland (US) LLP on 1/24/2023

As consumer interest in climate change and sustainability continues to evolve, an increase in “greenwashing” claims directed towards fashion retailers has generated a series of headline-grabbing lawsuits. Over the last year,...more

AD-ttorneys@law - September 2022

BakerHostetler on 9/2/2022

CSPI to FDA: Move to the Front! Watchdog barks at industry efforts to highlight nutrition facts - Gesundheit FOPNL. It’s sweeping the globe. What is it, you ask? A new government agency? An awful skin condition? A...more

False Advertising, Trademark Infringement and TOS: Three Common Hashtagging Mistakes for Companies to Avoid

Pillsbury - Internet & Social Media Law Blog on 4/8/2021

When the first social media hashtag was used in 2007, users had no idea how ubiquitous hashtags would become. Today, hashtags are an essential part of our lives (and a subject we’ve been writing about for years). From...more

AD-ttorneys@law – November 2020 #1

BakerHostetler on 11/3/2020

“The Dog Ate My Plush Toy” Doesn’t Fly in Orca Case - Sea World prevails in bench trial when plaintiff fails to produce stuffed toy - Whale of a… Okay, okay, it’s a class action involving Sea World’s former orca shows—you...more

Insurer Has Duty to Defend Lanham Act “False Advertising” Claims Despite False Advertising and Trademark Exclusions

Wiley Rein LLP on 10/20/2020

The United States District Court for the Western District of Washington, applying Washington law, has held that exclusions for false advertising and trademark infringement in a media liability policy did not bar defense...more

AD-ttorneys@law – August 2020 #2

BakerHostetler on 8/21/2020

I’m Counting, and I Can’t Add Up! Is medical alert systems manufacturer Life Alert fudging some deadly serious numbers? League of Legends - “I’ve fallen, and I can’t get up!” The genius who cooked up this line belongs in the...more

MarkIt to Market® - July 2020: Made in the USA: The Federal Trade Commission Proposes a New Rule to Protect U.S. Manufacturers and...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 8/7/2020

On June 22, 2020, the Federal Trade Commission (FTC) announced a Notice of Proposed Rulemaking pertaining to “Made in USA” claims, which applies to labels and marketing that fraudulently asserts that products are made in the...more

Judge Andrews Grants Defendants’ Motion For Summary Judgment On Plaintiffs’ Claims Of False Advertising

Fox Rothschild LLP on 7/15/2020

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Halosil Int’l, Inc. et al. v. Eco-Evolutions, Inc. et al., Civil Action No. 18-1375-RGA (D.Del. July 14, 2020), the Court granted Defendants’ Motion for...more

AD-ttorneys@law – May 2020 #1

BakerHostetler on 5/11/2020

Jeff Dunham Tries to Bring Curtain Down on T-Shirt Company - Accuses ooshirts of profiting off his career, with a COVID spin - Comedy for Dummies - Think of the biggest acts in comedy. Names like Chris Rock, Amy Schumer,...more

From Corn-Gate to You-Stole-My-Trade-Secrets-Gate (Maybe): Defendant Beer Maker Moves to Add a Counterclaim for Trade Secrets...

Orrick - Trade Secrets Group on 11/25/2019

MillerCoors (beer maker of Coors Light and Miller Lite) and Anheuser-Busch (“AB”) (competing beer maker of Bud Light) have been embroiled in a contentious federal district court litigation in the W.D. of Wisconsin since March...more

The Katten Kattwalk | Issue 16

Katten Muchin Rosenman LLP on 6/8/2018

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more

AD-ttorneys@law

BakerHostetler on 12/20/2017

NARB to Unilever: Comparison Ad Requires Scrubbing - Bath & Body Works owner: ‘Cross-platform body wash campaign stinks!’ The Reveal - It’s a sunny, happy commercial – a bit of a throwback to the “blind taste test”...more

No Free Ride for Copycat Perfume Company – Fair Use Rejected, False Advertising Found, Accounting of Profits Awarded

Dorsey & Whitney LLP on 9/29/2017

Well-known perfume marketer Coty Inc. had a big win in New York federal district court, obtaining injunctive relief and $6.5 million dollars in an accounting of profits from copycat perfume seller Excell Brands, LLC. In an...more

Dietary Supplement & Cosmetics Legal Bulletin | August 2017

Shook, Hardy & Bacon L.L.P. on 8/24/2017

"Miracle Gel" Not a Salon Gel Manicure, Ad Board Says - In an appeal from a ruling by the National Advertising Division (NAD), the National Advertising Review Board (NARB) upheld a recommendation that Coty discontinue...more

Food & Beverage Litigation Update | June 2017 #4

Shook, Hardy & Bacon L.L.P. on 6/26/2017

NAD Says Aldi Should Change Savings Claims Ads - The National Advertising Division (NAD) has recommended that Aldi, Inc. discontinue advertising based on a “market basket” comparison that claims consumers could save more...more

Advertising Law - January 2017 #2

Manatt, Phelps & Phillips, LLP on 1/30/2017

SPECIAL FOCUS: Ohlhausen Named Acting Chair of FTC - On January 24, 2017, President Donald Trump designated Maureen Ohlhausen as acting chairwoman of the Federal Trade Commission. Ohlhausen, a Republican, has been serving...more

The Pleads Of The Many: 50 Years of Star Trek Lawsuits

Foley Hoag LLP - Making Your Mark on 7/19/2016

This year marks the fiftieth anniversary of the premiere of the original series of Star Trek, which first aired on NBC in September 1966. On July 22, this milestone will be marked in earnest when Paramount Pictures releases...more

Advertising Law - May 2016

Manatt, Phelps & Phillips, LLP on 5/7/2016

Kanye's Promise of Exclusivity a Siren Song, Suit Says - Kanye West's latest drama involves the courtroom—specifically, a putative class action complaint alleging false advertising, unfair competition, and unjust...more

Hi-Tech Accuses Dynamic of Trademark Infringement and False Claims of Steroid Powered Products

Womble Bond Dickinson on 10/7/2015

On September 28, 2015, Hi-Tech Pharmaceuticals, Inc. (“Hi-Tech”), a Georgia corporation, brought a trademark infringement action against Dynamic Sports Nutrition, LLC d/b/a Anabolic Research (“Dynamic”), and Brian Clapp...more

Contributory False Advertising Liability Is Officially a Thing in the Eleventh Circuit

Kelley Drye & Warren LLP on 8/19/2015

On August 7, the Eleventh Circuit Court of Appeals, ruling on a question that the Court determined to be one of first impression, has ruled that a cause of action for contributory false advertising can be maintained under...more

Advertising Law - May 2015

Manatt, Phelps & Phillips, LLP on 5/6/2015

Amazon Sues Over Fake Reviews - In a new lawsuit, Amazon targeted one individual and four companies that allegedly wrote and posted fake reviews on the e-commerce giant’s site. Amazon’s Conditions of Use expressly...more

“March Madness”: Protect Your Business From The NCAA

Adler Pollock & Sheehan P.C. on 3/23/2015

The NCAA Tournament is here, and many local businesses will want to capitalize on this exciting time for basketball fans by using the well known “March Madness” slogan to advertise March specials. Think twice before your...more

Intellectual Property 2014 Year in Review

McNees Wallace & Nurick LLC on 2/20/2015

The year 2014 saw some important developments in the area of intellectual property law. A number of intellectual property-related issues even made national headlines. Who can forget the public debate over the rightful...more

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