Ad Law Access
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…
Contributory False Advertising Liability Is Officially a Thing in the Eleventh Circuit
On August 7, the Eleventh Circuit Court of Appeals, ruling on a question that the Court determined to be one of first impression, has ruled that a cause of action for contributory false advertising can be maintained…
Supreme Court Clarifies Standing For Lanham Act False Advertising
On March 25, 2014, a unanimous Supreme Court ruled that a manufacturer of components for use in refurbished toner cartridges has standing under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) to sue the maker of…
Company Pays $21 Million Over Misleading Performance Claims
At the FTC's request, a federal court has ordered a light bulb manufacturer to pay more than $21 million for misleading consumers by exaggerating the performance of their LED light bulbs. The company advertised that…
How to Properly Use Establishment Claims in Advertising
“Clinically proven…” “Laboratory tested.” “45% More Effective!” Claims like these sell product. They also carry with them the assertion that the advertising claim has been “established” or proven by competent and…