Archives: False Advertising

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We Built This City on…False Advertising?

Fifty years ago, it was the “Summer of Love” in San Francisco, with Jefferson Airplane’s 1967 album “Surrealistic Pillow” providing the soundtrack. My how times have changed! Earlier this week, the United States District Court for the Northern District of California came out with its initial decision in Chaquico v. Freiberg, which involves the latest … Continue Reading

Supreme Court Again Expands the Parameters of a False Advertising Claim: Pom Wonderful v. Coca-Cola

While the Supreme Court has been busy this term fencing in patent protection (see our blog posts here: Nautilus, Inc. v. Biosig Instruments, Inc., Limelight Networks v. Akamai Technologies Decision Handed Down by the Supreme Court), it has thrown the door open wider to claims of false advertising. After holding in Lexmark v. Static Control that direct competition was not … Continue Reading

U.S. Supreme Court Affirms Broader Reach for False Advertising Claims: Lexmark v. Static Control

In a unanimous decision announced today, the United States Supreme Court upheld an expansive interpretation of the false advertising prong of the Lanham Act (15 U.S.C. s. 1125(a)), which decision will allow a broader range of commercial interests to bring false advertising claims. As we reported earlier in this blog, the question asked of the Supreme … Continue Reading

Supreme Court Takes on Significant False Advertising Cases

The federal government regulates minimum standards for product labelling in many areas of commerce, which standards are generally meant to protect consumers. But what happens if product seller complies with the minimum standards, but still has a label that would mislead consumers? Should competitors be able to sue under the false advertising prong of the Lanham … Continue Reading
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