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Motion to Dismiss › Deceptively Misdescriptive

Proskauer - Advertising Law

What’s in a Word? The Legal Battle over “Natural” in False Advertising

Proskauer - Advertising Law on

While class actions centered around “natural” claims remain popular with the plaintiffs’ bar, this past year has seen some growing skepticism from courts towards such lawsuits, particularly where plaintiffs fail to adequately...more

Foley & Lardner LLP

District Courts Apply Ninth Circuit Precedent to Dismiss Deceptive Labelling Claims

Foley & Lardner LLP on

The Ninth Circuit Court of Appeals recently issued three noteworthy decisions holding that courts may consider information on the back or side of consumer product labels to clarify any ambiguous language on the front labels...more

International Lawyers Network

Is BURNS NIGHT OFF KILT-ER?: Scotch, Trademarks & Distilling American Meanings

International Lawyers Network on

On December 4, 2019, the Scotch Whiskey Association filed opposition to the trademark application of ASW Distillery LLC, an Atlanta distiller, that was seeking the mark BURNS NIGHT for an American malt whiskey, noticeably...more

Proskauer - New Media & Technology

Switching Consumer Device to Ad-Supported Environment Is Not Deceptive under New York Law

Proskauer - New Media & Technology on

If your company sells a smart device to a consumer, can it later turn the device into a paid advertising platform? Can it do so without advanced disclosure?  A recent court ruling suggests the answer is “yes,” at least in New...more

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