Searching Content indexed under Advertising, Marketing & Branding by Finnegan, Henderson, Farabow, Garrett & Dunner, LLP ordered by Published Date Descending.
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NAD Tosses Claim Substantiation Into The Kitty Litter
In a recent National Advertising Division (NAD) proceeding, Van Ness Plastic Molding Company challenged claims made by Doskocil Manufacturing Company
United States
26 Jul 2019
Spilling The ‘Detox Tea': Are We About To See More FTC Action On Social Media Influencer Advertising?
In a recent letter, Senator Richard Blumenthal urged the FTC to take action against makers of "detox teas" for engaging in "predatory" and misleading marketing tactics on social media platforms...
United States
19 Jul 2019
Transfer Of Trademark Ownership Was Not Undone By A Subsequent Agreement Concerning Patents And Know-How
The Third Circuit found language of a first agreement was unambiguous in transferring ownership of a trademark, and that a subsequent agreement relating to patents and know-how provided no basis for revoking or affecting...
United States
11 Jul 2019
False Ad Insights From Bud Light ‘Corn Syrup' Case
You are what you eat, and consumers are becoming increasingly interested in what, exactly, that is. Consumer surveys and interviews of food company executives
United States
2 Jul 2019
Podcast: False Advertising And The ITC
False advertising claims have changed over the course of recent decades as the means by which companies can advertise have evolved.
United States
26 Apr 2019
Battle Of The Beers—Can Anheuser's Bud Light Ads Be Literally True But Legally False?
Beer. An alcoholic beverage traditionally made with four ingredients: water, barley, yeast, and hops. But what about corn syrup?
United States
22 Apr 2019
"Catch Up, Ketchup!": NAD Weighs In On "Real" Ketchup
The ketchup wars between Kraft Heinz and Unilever continue. In the latest battle, the National Advertising Division ("NAD") issued a decision on Kraft Heinz's challenge to Unilever's comparative advertising.
United States
27 Mar 2019
A Tale Of Two Macs: If You Don't Provide Evidence Does A Big Mac Exist?
In a whopper of a decision, the Cancellation Division of the EU Intellectual Property Office ("EUIPO") revoked McDonald's BIG MAC EU trade mark registration.
United States
13 Feb 2019
FDA Draft Guidance On Efficacy And Risk Information In Direct-To-Consumer Promotional Labeling And Advertisements
On October 17, 2018, FDA issued draft guidance on Presenting Quantitative Efficacy and Risk Information in Direct-to-Consumer Promotional Labeling and Advertisements.
United States
26 Oct 2018
Is It "Natural?" - False Advertising Considerations
False advertising claims involving uses of the term "natural" have spanned the skincare, hair care, cleaning products, and food industries.
United States
25 Oct 2018
Don't Let Intellectual Property Accidents Crash Your Social Media Marketing
Immediate and inexpensive, social media drives advertising directly to your target consumer. Facebook, Instagram, Twitter, dedicated blogs, and self-hosted chat forums are important business...
United States
5 Sep 2018
Sixth Circuit Finds That In Context, Attractive Ingredient Photos Are Mere Puffery
In Wysong Corp. v. APN, Inc. 889 F.3d 267 (6th Cir., May 3, 2018), the U.S. Court of Appeals for the Sixth Circuit affirmed the lower court's dismissal of false advertising claims targeting photos on pet food packaging...
United States
20 Jun 2018
Court Reiterates That Standard For Recovering Attorney Fees Under Lanham Act Is High
On October 31, 2017, the Western District of Missouri denied a request for attorney fees that was based only on a successful defense against false advertising claims.
United States
4 Dec 2017
FTC Wins Long-Running Dispute With POM Wonderful
The Supreme Court has denied POM Wonderful, LLC's petition for a writ of certiorari in its ongoing dispute with the FTC.
United States
20 Jun 2016
Jury Finds Coca Cola's Pomegranate Beverage Did Not Mislead Consumers
On March 21, 2016, a California jury ended POM Wonderful's long-running $77 million Lanham Act suit against The Coca Cola Company, finding Coca Cola did not falsely advertise its Minute Maid pomegranate juice.
United States
4 Apr 2016
Podcast: Protecting Trademark Rights Of Official Olympic Sponsors
While the 2016 Summer Olympics in Rio de Janeiro are a year away, official sponsors of the games are already working hard to protect their sizable investments.
United States
25 Aug 2015
Manufacturer That Sold Copied Goods Not Liable For Reverse Passing Off
On August 5, 2015, the Sixth Circuit held that a manufacturer selling copied goods was not liable for false designation of origin under a reverse passing off theory.
United States
20 Aug 2015
The Northern District Of California Denies Fitbit Its Attorneys' Fees Despite Fitbug's Baseless Disgorgement Theory
On June 5, 2015, the Northern District of California denied Fitbit, Inc.'s motion for attorneys' fees and costs against plaintiff Fitbug Ltd.
United States
15 Jun 2015
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