Proskauer on Advertising Law
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Third Circuit Shreds Plaintiff’s Credit Card Receipt Case On Standing Grounds

By Lawrence Weinstein, Daniel Werb and Marc Palmer on Posted in Uncategorized
The Third Circuit recently held that procedural violations of the Fair and Accurate Credit Transactions Act (“FACTA”), absent any showing of concrete harm, do not meet Article III standing requirements.  Kamal v. J. Crew Group, 2019 WL 1087350 (3rd Cir. 2019). Plaintiff Ahmed Kamal commenced a suit against J. Crew Group after making purchases at … Continue Reading

Athletic Tape Maker Feels the Pain, Settles Misleading Advertising Suit

By Daniel Werb on Posted in Uncategorized
Proskauer’s sports law newsletter, Three Point Shot, recently covered a proposed $1.75 million settlement in a false advertising case involving athletic tape.  The case is Vuckovic v. KT Health Holdings, LLC in the U.S. District Court for the District of Massachusetts, and Proskauer’s coverage may be found here. *** Want to talk advertising? We welcome your questions, ideas, … Continue Reading

Elsevier Wins Summary Judgment Over Use of 3-D Medical Animations in Copyright Case

By Lawrence Weinstein and Daniel Werb on Posted in Uncategorized
Although this blog typically focuses on legal developments in marketing and false advertising, its authors and editors are of course active legal practitioners in related areas of IP and other creative industries. Proskauer recently received a favorable summary judgment decision for the defendant, its client Elsevier, Inc., a leading publisher in the fields of science, … Continue Reading

FTC and DeVry University Settle False Advertising Claims for $100M

By Alexander Kaplan and Russell Kostelak on Posted in Deceptive Trade Practices, Regulatory, Uncategorized
In December 2016, DeVry University agreed to pay $100 million to settle a lawsuit with the Federal Trade Commission (FTC) over allegations stemming from DeVry’s advertising about the employment rates and salaries of its graduates. According to the FTC press release announcing the settlement in FTC v. DeVry Educ. Group in the district court for … Continue Reading

Update on Second Circuit Ruling in Church & Dwight v. SPD Swiss Precision Diagnostics “Weeks Estimator” Home Pregnancy Test Litigation

By Alexander Kaplan and Daniel Werb on Posted in Deceptive Trade Practices, FDCA, Injunctions, Lanham Act, Primary Jurisdiction/Preemption, Uncategorized
Last month we summarized the Second Circuit’s important decision in a dispute between plaintiff-appellee Church & Dwight and its principal competitor, defendant-appellant SPD Swiss Precision Diagnostics, concerning SPD’s false advertising of its Clearblue Weeks Estimator Home Pregnancy Test.  As we reported, a Second Circuit panel in September unanimously affirmed rulings by Judge Alison Nathan of … Continue Reading

Proskauer: Principal Sponsor of 38th Annual BAA Marketing Law Conference

By Alexander Kaplan on Posted in Uncategorized
On Wednesday November 9 through Friday November 11, the Association of National Advertisers and the Brand Activation Association (BAA) held their 38th annual Marketing Law Conference at the Downtown Chicago Marriott Hotel, 540 N. Michigan Avenue, Chicago, IL 60611.  Proskauer was a principal sponsor of the conference, and two of our partners – Lawrence Weinstein, the … Continue Reading
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