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Lanham Act › Advertising › Standing

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | October 2017

Shook, Hardy & Bacon L.L.P. on

The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...more

Kramer Levin Naftalis & Frankel LLP

Advertising Litigation Report: Vol. 2, No. 1

Kramer Levin Naftalis & Frankel LLP on

Lanham Act False Advertising - Lanham Act Liability for Native Advertising Violations - Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016) - ...more

Foley & Lardner LLP

False Advertising Liability for Affiliate Marketing

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The proliferation of e-commerce websites along with the rise of social media, blogging, and online communities has greatly increased the importance of affiliate marketing. Affiliate marketing allows an affiliate to earn a...more

Manatt, Phelps & Phillips, LLP

Advertising Law - May 2016

Manatt, Phelps & Phillips, LLP on

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

Proskauer - New England IP Blog

False Advertising Claim Washed Away for Lack of Standing

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The issue of whether a party has standing to litigate in federal court can end up sinking a lawsuit. And as one bottled-water litigant in the District of Maine recently found out, failure to satisfy the standing requirements...more

Proskauer - Advertising Law

Court’s Maine Message to Plaintiff Suing Poland Spring: You Don’t Have a Leg to Stand on

Proskauer - Advertising Law 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

McNees Wallace & Nurick LLC

Intellectual Property 2014 Year in Review

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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

Akerman LLP

The Supreme Court Resolves a Circuit Split Regarding Standing to Sue for False Advertising Under the Lanham Act

Akerman LLP on

In Lexmark Int’l, Inc. v. Static Control Components, Inc. (March 25, 2014), the Supreme Court unanimously held that "to invoke the Lanham Act’s cause of action for false advertising, a plaintiff must plead (and ultimately...more

Davis Wright Tremaine LLP

SCOTUS Clears District Court Jam Over Test for Standing in False Advertising Cases

Davis Wright Tremaine LLP on

Printing has not been this interesting since Dwight Schrute and Jim Halpert bickered over paper sales and Michael Scott told off-color jokes in “The Office.” Last week, the U.S. Supreme Court stepped into the laser...more

Davis Wright Tremaine LLP

Supreme Court Grants Certiorari in POM’s Attack on FDCA/Lanham Act Preemption

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On Friday, the Supreme Court granted the certiorari petition of Pom Wonderful in its Lanham Act false advertising case against Coca-Cola. Pom Wonderful LLC v. Coca Cola Co., 679 F.3d 1170 (9th Cir. 2012), cert granted, ___...more

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