Vol. 101 TMR 1601 The Trademark Reporter® LANHAM ACT “FALSE ADVERTISING” CLAIMS: WHAT IS A PLAINTIFF TO DO? By Vincent N. Palladino∗ I. INTRODUCTION ... Return Doc
Lies, Damn Lies, And Misleading Advertising: The Role Of ...
Predominant legislation for addressing charges of false advertising-and the legal focus of this Note--is Section 43(a determine which advertising claims are misleading.21 A 2001] LIES, DAMN LIES, AND MISLEADING ADVERTISING 421 Finally, section five assesses the potential impact of ... Fetch Full Source
False advertising - Wikipedia
False advertising is the use of misleading, However, it can also be used as a defense for misleading or deceptive advertising. For example, claims like ‘Top Quality’ can have regulatory and legal consequences and can be looked at as illegal misrepresentation, ... Read Article
Hyundai Sued For Misleading Consumers With MPG Claims
Consumer Watchdog has sued the automaker Hyundai over its '40 MPG' claims on the Elantra model. The lawsuit alleges that Hyundai utilized high-impact televis ... View Video
Scholars Have Mined Data On Facebook Behavior For Years
In July 2014, a team of four Swedish and Polish researchers began using an automated program to better understand what people posted on Facebook. By May 2016, they had amassed enough information ... Read News
Marshall University Adding 5 To Journalism Hall Of Fame
Marshall University’s W. Page Pitt School of Journalism and Mass Communication will induct five new Hall of Fame members this fall. Betsy Alderman is a 1979 graduate and earned a master’s degree ... Read News
False Advertising Claims Against Product Names And Labels
1 . DRAFT 7/24/15 . False Advertising Claims against Product Names and Labels . Mary LaFrance . William S. Boyd School of Law, UNLV . Introduction . False advertising claims under the Lanham Act may arise from a number of activities ... Retrieve Content
Challenging A Competitor’s Advertising Claims
Challenging a Competitor’s Advertising Claims KFC with making false claims in a national television advertising campaign about the relative nutri-tional value and healthiness of its fried chicken. The Commission also charged the company with ... Retrieve Doc
2015 Annual Overview Of California's Unfair Competition Law ...
Claims for public injunctive relief under the UCL, the CLRA and the False Advertising Law11 was preempted by the FAA and the United States Supreme Court’s decision in AT&T Mobility v. Concepcion. In McGill, the Court of Appeal specifically rejected the pre-AT&T Mobility rule ... View Doc
Comparative Advertising Law In The US - Kelley Drye & Warren
Competitor’s advertisement contains false or misleading claims. In addition, these types of challenges are commonly reviewed and resolved much more quickly than in formal dispute resolution . Comparative Advertising Law in the US ... Get Content Here
Advertising Substantiation Principles
Advertiser substantiate those claims? Framework for Reviewing Advertising. What principles should govern the . one of which is false, advertising substantiation consumer protection ... Return Doc
Comcast Claims Hidden Fees Are Not False Advertising - YouTube
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SURVEY EVIDENCE IN FALSE ADVERTISING CASES SARAH BUTLER - NERA
False and misleading advertising cases are typically brought under 43(a) In a false advertising case, perhaps unlike other evidence on the technical truth or falsity of particular claims, survey evidence can be easily related to a jury’s own ... Retrieve Doc
Advertising Basics - Kilpatrick Townsend & Stockton
Advertising 101 Advertising Basics Statement on Deception in 1983 to address the factors the FTC considers in evaluating false advertising claims.9 The FTC enumerated three primary factors: (1) “a representation, omission or ... Return Doc
An Empirical Study Of False Advertising Claims Under The ...
An Empirical Study of False Advertising Claims Under the Lanham Act Deborah R. Gerhardt Kevin T. McGuire Mark P. McKenna Through an empirical study of federal false advertising claims, we aim to identify the factors ... Content Retrieval
False Advertising And Unfair Competition: Claims For ...
For The Defense n February 2011 n 53 nature, characteristics, qual-ities, or geographic origin of his or her or another person’s goods, services, or commercial ... Retrieve Here
XanGo - Wikipedia
False advertising claims Pericarp xanthones and potential health effects. According to a 2006 warning by the US Food and Drug Administration, XanGo's distributors had illegally used marketing materials to promote mangosteen juice claiming more than 20 human health benefits, including "anti ... Read Article
FALSE ADVERTISING CLAIMS - Proskauer Rose
U nder § 43(a)of the Lanham Act, 15 U.S.C. 1125(a), standing to sue for false advertising is limited to competitors and others who claim to have suffered a business injury as ... Get Document
Remedies Available For False Advertising Under California ...
Intellectual property claims, specializing in the representation of clients in the entertainment industry, REMEDIES AVAILABLE FOR FALSE ADVERTISING UNDER CALIFORNIA BUSINESS & PROFESSIONS CODE §17500 AND SECTION 43(A) OF THE ... Retrieve Content
Truth In Advertising | Federal Trade Commission
Truth In Advertising. When consumers see or hear an advertisement, whether it’s on the online, in the mail, or on billboards or buses. The FTC looks especially closely at advertising claims that can affect consumers’ health or their pocketbooks – claims about food, over-the ... Retrieve Here
FALSE ADVERTISING, ANIMALS, AND ETHICAL CONSUMPTION
FALSE ADVERTISING, ANIMALS, AND ETHICAL CONSUMPTION By Carter Dillard* In light of the fact that today’s consumers often want their products to be ... Read Content
To Qualify To Make A Claim, You Must Have Purchased The ...
- 1 - State-by-State Statute of Limitations for False Advertising Claims To qualify to make a claim, you must have purchased the product AFTER the ... Access This Document
Liability Insurance Coverage For False Advertising Claims
Liability Insurance Coverage For False Advertising Claims By Peter Selvin (This article was published in the Spring, 2013 Ed. of The Int’l Bar Association’s Insurance Committee Newsletter). ... Retrieve Document
California Unfair Competition Law - Wikipedia
California Unfair Competition Law In addition to federal laws, each state has the limitations period for “false advertising claims is effectively four-years.” Judges can use their equitable powers to dismiss a UCL claim or deny injunctive relief. ... Read Article
FALSE ADVERTISING CLAIMS - Drinker Biddle & Reath
Months following the NAD’s recommendation, Playtex continued to use advertisements containing the challenged claims and, accordingly, the challenger requested a ... Retrieve Doc
Demand For Healthy Products: False claims In advertising
Demand for\\Healthy"Products: False claims in advertising Anita Rao Emily Wang Booth School of Business Department of Resource Economics University of Chicago University of Massachusetts ... Fetch Document
BBB Code Of Advertising
BBB Code of Advertising . As an advocate for both businesses and consumers, substantiation for all claims prior to dissemination and unverifiable the representation is false or misleading in a material respect. ... Read Document
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