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Searching Content indexed under Advertising, Marketing & Branding by Kramer Levin Naftalis & Frankel LLP ordered by Published Date Descending.
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1
SCOTUS To Address Whether Lanham Act Requires Willful Infringement For Profit Disgorgement
Litigation partner and Advertising Litigation Co-chair Norman C. Simon, with associate Patrick J. Campbell, authored a New York Law Journal article titled "SCOTUS to Address Whether Lanham Act
United States
9 Aug 2019
2
Civil Jury Trials In Federal Court
There may be nothing more exciting in the practice of law than presenting a trial-ready case to a jury.
United States
17 Jun 2019
3
Investing In Marketing Professionals Can Deliver Valuable Return For Firms
Marketing and business development departments inside Am Law 200 firms are still growing—in size, in salaries, in sophistication, in demand ...
United States
11 Dec 2018
4
Advertising Litigation Report: Vol. 2, No. 2s
District Court Adopts Report and Recommendation, Denies Judgment on the Pleadings, in Lanham Act Suit Challenging 'Same Quality' Claim.
United States
4 May 2017
5
Advertising Litigation Report: Vol. 2, No. 1
Lanham Act Liability for Native Advertising Violations
United States
13 Feb 2017
7
Applying Spokeo, Wisconsin Federal District Court Judge Dismisses Time Warner Cable Personal Information Collection Case
A Wisconsin federal judge dismissed claims against Time Warner Cable by one of its former customers on the grounds that the customer lacked Article III standing.
United States
18 Aug 2016
8
Applying Spokeo, Missouri Federal District Court Judge Dismisses Complaint Against Scottrade Alleging Injuries Suffered From A Hack Of The Company's Confidential Customer Information
A Missouri federal magistrate judge dismissed, for lack of standing, a class action suit against Scottrade for claims stemming from data hacks.
United States
18 Aug 2016
9
Third Circuit Dismisses Bulk Of Federal And State Claims Against Viacom For Collecting And Sharing Information About Children's Internet Activities
The court, however, dismissed the majority of the claims and reversed and remanded on a discrete claim for intrusion upon seclusion.
United States
18 Aug 2016
10
Class Certification Denied In Common Defect Case Where Individual Issues Predominated
Plaintiff brought suit on behalf of a putative class of owners of New York buildings with Pella windows, alleging that Pella's windows contained common design defects.
United States
16 Aug 2016
11
Volkswagen Settles "Clean Diesel" Charges To The Tune Of $14.7 Billion
In the highly publicized scandal concerning "defeat devices" on certain Volkswagen (VW) diesel vehicles, VW settled environmental charges brought by the United States and the state of California.
United States
16 Aug 2016
12
Warner Bros. Settles FTC Allegations Concerning Failure To Disclose Use Of Online "Influencers" To Market Video Game
The settlement prohibits Warner Bros. from misrepresenting that any gameplay videos are independent opinions by impartial gamers...
United States
16 Aug 2016
13
National Advertising Division (NAD) Update - August 9, 2016
NAD reviewed several claims made by Shark, including the claim that "Americans now choose Shark 2-to-1 over Dyson."
United States
16 Aug 2016
14
Individual Understandings Of Allegedly Deceptive Product Name Destroyed Predominance
A California federal court declined to certify a class of purchasers of defendant Toshiba's LED‑lit LCD televisions in a case alleging that Toshiba falsely advertised the television sets as "LED TVs.
United States
16 Aug 2016
15
Disclaimer Neutralized Alleged False Advertising
Plaintiff alleged that defendants' ionization smoke alarms were deceptively marketed as "smoke alarm[s]" because they could not sense smoldering fire as quickly as do photoelectric smoke alarms.
United States
12 Aug 2016
16
Class Claims Mooted By Accepted Offer Of Judgment
The Sixth Circuit affirmed the district court's order denying class certification of plaintiff's consumer protection claims relating to her purchase of a Tassimo coffeemaker.
United States
12 Aug 2016
17
Food Certification Organization's Email To Grocery Stores Enjoined As Commercial Speech
Plaintiff is a farm selling eggs produced by it and others, some of which are packed in Illinois at a facility called Phil's Fresh Eggs. Defendant, HFAC, is a food certification organization.
United States
11 Aug 2016
18
Court Enjoins Likely False Exclusive-Formulation Statement
Plaintiff invented a probiotic formulation that was first manufactured by Danisco USA Inc. and sold by VSL Pharmaceuticals Inc. under the name "VSL#3" and, after he "parted ways" with VSL, began a new partnership with...
United States
11 Aug 2016
19
Court Dismisses Lanham Act Suit Targeting Better Business Bureau's Statements About Own Rating System
The Council of Better Business Bureaus Inc. (CBBB) is a not-for-profit organization that licenses the Better Business Bureau (BBB) name and model to a network of not‑for‑profit regional bureaus.
United States
11 Aug 2016
20
Second Circuit Adopts False Advertising Safe Harbor For Statements Made On FDA-Approved Labeling
In a dispute between rival pharmaceutical manufacturers, the Second Circuit affirmed summary judgment for defendant Acorda Therapeutics, adopting the rule that "representations commensurate with information in an FDA label...
United States
11 Aug 2016
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