Ad Law Access
Court Suggests Companies Can Be Liable as Soon as Claims Become Stale
It’s a common question. A company creates a product with a competitive advantage; it takes steps to substantiate a superiority claim; and, satisfied that it has met the legal standard, it bases an advertising campaign…
Never Say Never, And Other Lessons from Kanye
We didn’t comment when Kanye West interrupted Taylor Swift at the MTV Video Music Awards. And we’ve stayed silent during his other controversies. But when Kanye gets sued over false advertising, we can stay silent no…
Coca-Cola Wrings the Last Drops out of POM’s False Advertising Litigation Campaign
Seven crops of pomegranates (and other fruits) have grown, ripened, been picked, pulped and processed. A river of juice has flowed. After seven years of litigation, the last overripe fruit of the Lanham Act campaign…
Fembots and False Advertising
Fembots have plagued humanity for many years. In the 1970s, fembots attempted to seize control of a weather device before they were defeated by the Bionic Woman. And in the 1990s, fembots worked with Dr. Evil until…
Tenth Circuit Rules that False Advertising Plaintiffs Must Allege Evidence of Implied Falsity and Quantify Damages at Pleading Stage
In a Lanham Act false advertising action by cosmetic surgeons against plastic surgeons – yes, those are two different things – the Tenth Circuit Court of Appeals, in an August 31 opinion, affirmed dismissal of Lanham…