Proskauer on Advertising Law
Proskauer on Advertising Law

Tag Archives: Fourth Circuit

SCOTUS to Decide If Courts Must Defer to the FCC’s Interpretation of “Unsolicited Advertisements” under the TCPA

By Lawrence Weinstein, Jeff Warshafsky and Monique Curry on Posted in Regulatory
On November 13, 2018, the Supreme Court agreed to consider the amount of deference a federal court is required to give the Federal Communications Commission in determining what constitutes an unsolicited advertisement within the meaning of the Telephone Consumer Protection Act (TCPA). PDR Network v. Carlton & Harris, No. 17-1705. The case is scheduled for … Continue Reading

Fourth Circuit Tells District Court Not to Abstain in False Ad Holy War

By Alexander Kaplan and Lee Popkin on Posted in Lanham Act
At the heart of this unique Lanham Act case is a dispute between the Episcopal Church (the “Church”) and one of its “disaffiliated” districts, the Diocese of South Carolina (“Diocese”).  In 2012, led by its Bishop Mark Lawrence, the Diocese withdrew from the Church, but the Church did not recognize the withdrawal, and appointed Bishop … Continue Reading

Fourth Circuit Extends Section 43(a) Lanham Act Standing to Companies Not Selling Their Product or Using Their Mark in the U.S.

By Alexander Kaplan and Evelyn Pang on Posted in Lanham Act
Last week, an appellate court held that a plaintiff has standing to bring a false association and false advertising claim under Section 43(a) of the Lanham Act, even though it did not use its mark or sell its competing product in the United States. In Belmora LLC v. Bayer Consumer Care AG, a Fourth Circuit … Continue Reading

Ruling Allows Gerber False Advertising Suit to Crawl Onward

By Alexander Kaplan, Jennifer Yang and James Unger on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
For plaintiffs concerned that the Fourth Circuit Court of Appeals’ June 19, 2015 decision in Brown v. GNC Corp. signaled the muscling in of a stricter new pleading standard for false advertising class actions nationwide, a recent ruling out of the Central District of California likely acted as a pacifier. On July 14, 2015, U.S. … Continue Reading
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