IP LEGAL NEWS AND UPDATES
NAD Case Reports in Federal Court: What Evidentiary Value Does a Self-Regulatory Decision Hold?
Authors: David D. Conway, Roger A. Colaizzi, and Amy Ralph Mudge
The evidentiary value of an opinion by an advertising self-regulatory body like the National Advertising Division is an issue that has received relatively little attention. Although NAD is designed to adjudicate advertising disputes quickly, efficiently, and effectively, sadly it does not always have the final word. Sometimes a disappointed party before the NAD chooses to move the dispute to federal court under the Lanham Act. Other times the advertiser may find itself the subject of a consumer class action lawsuit after receiving an unfavorable NAD recommendation. In either circumstance, your client may wonder: What evidentiary impact will the NAD's case report have if my advertising is challenged in federal court?
ANNOUNCEMENTS AND REMINDERS
"Making Sound Business Decisions: Considerations in Evaluating Whether to Litigate or Settle" at the Patent Infringement Litigation Summit – San Francisco, CA
Monday, December 9, 2013
3:45 p.m. PT
Justin Pierce will moderate the panel "Making Sound Business Decisions: Considerations in Evaluating Whether to Litigate or Settle" at the Patent Infringement Litigation Summit on December 9. This panel will discuss how to assess the plaintiff's claim, the potential costs of litigation, and other factors to determine the best course of action. Justin will also act as co-chair of the Summit.
Click here for more information and registration.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
