Ad Law Access
Ohio Lawsuit Alleges Deceptive Advertising by Jos. A. Bank
On May 24, 2013, Ohio consumers filed a class action lawsuit in U.S. District Court (N.D. Ohio) alleging that advertising by clothing retailer Jos. A. Bank violates the Ohio Consumer Sales Practices Act (“CSPA”) and…
Supreme Court Overturns Class Certification in Suit Against Comcast
On March 27, 2013, the Supreme Court held five to four in Comcast Corp. v. Behrend, No. 11-864 (Mar. 27, 2013) that the district court improperly granted certification in an antitrust class action because of the…
NJ Federal Court Dismisses False Advertising Class Action Alleging a Lack of Substantiation
Last month, in Gaul v. Bayer Healthcare LLC, the U.S. District Court for the District of New Jersey dismissed a class action lawsuit predicated on a National Advertising Division (“NAD”) decision that found that…
NAD Holds that a Trademark Can be a Claim
In a decision issued last week, the NAD held that even trademarked phrases are subject to advertising laws. A company that makes dishwasher products was asked to substantiate the phrase “Outshines the Competition.” The…
Breaking the Sham Barrier in Yeager v. Bowlin
Two recent Ninth Circuit Court of Appeals decisions in Yeager v. Bowlin, Nos. 10-15297 and 10-16503 (9th Cir. Sept. 10, 2012), a Lanham Act and right-of-publicity dispute between legendary test pilot Gen. Charles…