martindale.com
Legal Library
|
Show: results per page Sort by:  | 15-Second Advertising Law Alert - Discontinued "Fresh"-Related Marketing Permanently Enjoined
Richard J. Leighton; Keller and Heckman LLP;
Legal Alert/Article April 3, 2013, previously published on March 29, 2013 Although the jury found that Plaintiff failed to prove any lost sales, it awarded Plaintiff $7.2 million of Defendants’ profits for willful violations of the Lanham Act’s false advertising provisions. Yesterday, the Court ruled that, despite that award and notwithstanding that...
| | FTC Issues Awaited POM Decision; Ducks Key Substantiation Issue
Richard J. Leighton; Keller and Heckman LLP;
Legal Alert/Article January 28, 2013, previously published on January 17, 2013 The Federal Trade Commission released yesterday its long-awaited decision on alleged drug claims made for POM Wonderful products and the substantiation needed to make such claims.
|  | ALJ Clarifies Evidence Needed to Support Health-Related Ad Claims
Richard J. Leighton; Keller and Heckman LLP;
Legal Alert/Article May 22, 2012, previously published on May 22, 2012 Pom Wonderful won some, but lost more in a massive initial decision by the Federal Trade Commission's Chief Administrative Law Judge, released today.
| | FDCA and FDA REGS Preempt Lanham Act; Cal. Ad Law Clarified
Richard J. Leighton; Keller and Heckman LLP;
Legal Alert/Article May 21, 2012, previously published on May 18, 2012 The Ninth Circuit today issued its long-awaited opinion in Pom Wonderful LLC v. The Coca Cola Co.*
| | Blue-Sky Decision on Materiality and Damages Enhancement
Richard J. Leighton; Keller and Heckman LLP;
Legal Alert/Article March 20, 2012, previously published on March 15, 2012 How to prove the essential element of materiality and the standard for enhancing damage awards were among several key issues in a recent 9th Circuit Lanham Act false advertising case decision.* (Not covered here are trademark and cybersquatting issues in the case).
| | Required Graphic Cigarette Labeling Held Unconstitutional
Richard J. Leighton; Keller and Heckman LLP;
Legal Alert/Article March 8, 2012, previously published on March 7, 2012 The U.S. Food and Drug Administration's rule mandating the use of dramatic graphic images on cigarette labeling was found unconstitutional recently.
| | Michael Jordan's Judicial Air Ball
Richard J. Leighton; Keller and Heckman LLP;
Legal Alert/Article February 23, 2012, previously published on February 17, 2012 When is speech "commercial" and what is an "advertisement"? A recent federal decision addresses these fundamental questions in an eyebrow-raising fashion.
| | Snow Job Gets Icy Reception
Richard J. Leighton; Keller and Heckman LLP;
Legal Alert/Article February 14, 2012, previously published on February 14, 2012 Ordering corrective advertising as part of a preliminary injunction is not a common remedy in Lanham Act false advertising cases. But it happened recently in Wisconsin.
| | Twombly-Iqbal Challenges Come to Lanham Act Advertising Cases
Richard J. Leighton; Keller and Heckman LLP;
Legal Alert/Article January 20, 2012, previously published on January 19, 2012 A Lanham Act advertising case was challenged recently under the heightened pleading standard required in all civil cases by the Supreme Court's Twombly and Iqbal opinions. An apparent intent of this standard is to give defendants a better chance to rid themselves of questionable litigation before...
| | The Not-So-Sweet Smell of Unsuccessful Testing
Richard J. Leighton; Keller and Heckman LLP;
Legal Alert/Article January 9, 2012, previously published on January 5, 2012 A disgusting recent Lanham Act false advertising decision contains two important reminders about making sensory test establishment claims: Make sure your test proves what you advertise and be suspicious of implausible results.
|
|