The Third Circuit declares that when "no reasonable interpretation of the [advertising] as a whole could lead to the conclusion that it is false and misleading," a consumer survey (purportedly showing consumer deception) can be ignored and there can be no liability for false advertising under the Lanham Act. Pernod Ricard USA, LLC v. Bacardi…
Read More
With federal legislation pending in various forms since 2006, the states are not standing still. Illinois amended its breach notice statute effective 1/1/2012. http://ilga.gov/legislation/publicacts/fulltext.asp?Name=097-0483. The amendment adds many of the lessons learned since the Illinois statute was originally enacted in 2005. (more…)
Read More
The networking and cultivating of business relationships that once occurred over cocktails or during a sociable round of golf now also occur through online social networking sites. Not only do sites such as LinkedIn, Facebook, and Twitter allow persons to keep in touch with friends and family, they allow employers and employees to keep in…
Read More
In Microsoft Corp. v. i4I Limited Partnership, the Supreme Court re-affirmed the principle that the defense of invalidity of a patent must be proven by the defendant by "clear and convincing evidence." Microsoft had asked the Court to re-visit the standard of proof, since, although the relevant statute 35 U.S. § 282 (more…)
Read More
In May 2000, the Federal Trade Commission ("FTC") issued a staff working paper, providing guidance to businesses and advertisers that conduct advertising and sell products on the internet. The working paper, Dot Com Disclosures: Information about Online Advertising , provides instruction to businesses and advertisers about how Section 5 of the Federal Trade Commission Act…
Read More
Faced with competitor false advertising, plaintiffs often seek as broad relief as possible and look to claims other than the Lanham Act when bringing litigation. The availability of the broad remedies (like treble damages and attorneys' fees) available in many states' consumer fraud acts make them an attractive avenue for prospective plaintiffs. However, unlike the…
Read More
In business litigation, the available remedies of temporary restraining order and preliminary injunction offered by Civil Rule 65 can bring a distinct advantage for maintaining the status quo to preserve business interests. Often times, however, business litigants can overlook the essential requirement of posting a security bond as required by the Rule. This can lead…
Read More
*This is an advertisement. The information and material provided here is for informational purposes only. Nothing should be construed to be legal advice, and you should not act or refrain from acting on the basis of any content on this profile without seeking appropriate legal advice regarding your particular situation, from an attorney licensed to practice law in your state. The content on this profile is not guaranteed to be correct, complete, or up to date.