Proskauer on Advertising Law
Proskauer on Advertising Law

Category Archives: Lanham Act

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Third Circuit Irons Out “Powerful” Performance False Advertising Dispute

The Third Circuit has rendered a notable decision with important implications for the use of fine print in advertising. The Court held that small print statements that explicitly define the terms of a more prominent superior performance claim can render that performance claim unambiguous – and thus subject to a literal falsity claim – even if … Continue Reading

Third Circuit Rejects Presumption of Irreparable Harm for Injunctive Relief under Lanham Act

Following a series of recent appellate decisions across the spectrum of intellectual property disciplines, including the fields of patent, copyright and trade secrets, the Court of Appeals for the Third Circuit has ruled that a plaintiff cannot rely on a presumption of irreparable harm in seeking preliminary injunctive relief under the Lanham Act.  In Ferring … Continue Reading

What a Tangled Web We Weave, When First We Practice to Deceive: Second Circuit Holds that “Deliberate Deception” Creates Legal Presumption of Consumer Confusion and Injury in a Two-Player Market

On July 29, the Second Circuit clarified its view that, in a two-player market, willfully deceptive advertising – even non-comparative advertising – creates a legal presumption of consumer confusion and injury, applicable to determination of both liability and damages. This emphatic opinion makes plain the peril that follows a finding that defendant willfully engaged in … Continue Reading

Cracking Under Pressure: “Raw” Juice Class Action down the Drain after Plaintiffs Cite Articles that Squeeze the Life out of their Complaint

On July 2, 2014 Judge Vince Chhabria dismissed a class action alleging that Hain Celestial Group, a manufacturer of “raw” juices, misleadingly labelled and advertised its wares. This dismissal is noteworthy – and should stand as a cautionary tale – because the class plaintiffs eviscerated their own claims and pleaded themselves out of court by … Continue Reading

When Life Gives You Lemons, Give Away Toothpaste: Hello Products Turns P&G Lawsuit Into Marketing Event

Imagine this scenario: you’re a toothpaste start-up with six employees. You’re about to launch your new brand into an oral care market dominated by consumer products giants like Procter & Gamble (“P&G”) (the maker of Crest and Oral B products), and a federal judge has just enjoined you from selling or shipping 100,000 units of … Continue Reading
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