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Special Report on

False Advertising/Lanham Act

false advertising lanham act special research report Photo by www.virginiabusinesslitigationlawyer.com
The article addresses several recent issues raised by companies against competitors over statements or claims being made in advertisements.  Specifically, companies are challenging the truth or implied truth in competitive ads in an attempt to get the ad withdrawn or changed. Apparently, the number of complaints over advertisements with the National Advertising Division , as well as the number of false advertising lawsuits (under Section 43(a) of the Lanham Act) are up significantly.  Some interesting disputes from the article include:   AT&T sued Verizon Wireless over an ad chart, claiming it falsely ...
and the right to the integrity of the work. The preserving of the integrity of the work bars the work from alteration, distortion, or mutilation. Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyrights. Even if an artist has assigned his or her rights to a work to a third party, he or she still maintains the moral rights to the work. Moral rights were first recognized in France and Germany , before they were included in the Berne ...
REVIEWS AND OPINIONS
Lanham Act Claims Extend to False Statements by Implication and ...
ruled that false advertising claims under the Lanham Act extend to false representations made by implication or innuendo; and are not limited to literal falsehoods. PhotoMedex, Inc . is a medical device manufacturer.  It competes against RA Medical Systems, Inc .   PhotoMedex had finished a new laser device for dermatological treatment.  Its competitor, RA Medical Systems, was also working on a completing product, but was late to market.  RA Medical Systems told its clients that its new laser device would be ready “in a few months.”  In fact, the laser device was not available for about 18 months.  PhotoMedex brought Lanham Act ... market research, surveys and trends
False Advertising of Essay Writing Websites: A Case of the ...
In general, unfair competition refers to the economic injury that a business may sustain by reason of the deceptive business practices of others. This may consist in acts which confuse the public as to the origin of the product or in “unfair trade practices” which includes among others, ... market research, surveys and trends

SURVEY RESULTS FOR
FALSE ADVERTISING/LANHAM ACT

: False Advertising : Duets Blog
 registration symbol. Its positioning adjacent to the words "Best Buy" appeared to convey that the words "Best Buy" must be distinctive and federally registered, separate and apart from the hang tag logo, and I knew better, or at least, I thought I did, as I'll explain. After all, I knew a few things for sure, things that should counsel against placing the  ®  registration symbol next to the words "Best Buy": Use of the federal  ®  registration symbol adjacent to matter not federally registered is a misuse of the federal ... industry trends, business articles and survey research
Business Law Attorney Salt Lake City, UT | Utah Intellectual ...
Magleby & Greenwood, P.C. is a litigation and intellectual property boutique located in Salt Lake City, Utah, which focuses on providing sophisticated and practical solutions for large and complex disputes. The firm specializes in civil litigation involving trademark, trade secrets, trade dress, computer software and source code, copyright, and other intellectual property; business torts, contracts, and other business law such as partnership disputes, business dissolution cases, and closely held corporation or limited liability company litigation; securities law, securities investigations, SEC matters, and securities ... industry trends, business articles and survey research
RELATED NEWS
Social media in action in advertising and marketing
As emerging technologies with nearly limitless boundaries and possibilities, social media give consumers unprecedented engagement with a brand. Consumers are empowered. However, this brings with it risks as well as gains. Consumers are not just buying a product or service online; they are discussing, reviewing, endorsing, lampooning, comparing and parodying companies and their brands. They are not simply being targeted for advertising; in many cases, they are participants in the creation and distribution of advertising. Companies can better enable, influence, monitor, react to and hopefully monetize the consumer conversations ... market trends, news research and surveys resources
Young v. Wideawake Death Row Entertainment, LLC
District court grants motion to dismiss Lanham Act and right of publicity claims in action brought by Dr. Dre against company that re-issued his recorded works without his permission. For the government, calibrating export controls means maintaining comprehensive, strategic national security restrictions without unduly impeding innovation, international collaboration, and global competitiveness in some of the most dynamic areas of the American economy. On June 29, 2010, a United States Magistrate Judge for the Southern District of New York in Gucci America, Inc. v. Guess?, Inc. held that a company can not assert the ... market trends, news research and surveys resources

INFORMATION RESOURCES

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ...
(False Advertising - Lanham Act § 43(a), 15 U.S.C. § 1125(a)). 42. To the extent not inconsistent with, or in the alternative, Plaintiffs refer to ... technology research, surveys study and trend statistics
Frequently Asked Advertising Questions: A Guide for Small Business
Additional laws apply to ads for specialized products like consumer leases, credit, 900 telephone numbers, and products sold through mail order or telephone sales. And every state has consumer protection laws that govern ads running in that state. According to the FTC's Deception Policy Statement , an ad is deceptive if it contains a statement - or omits information - that: According to the Federal Trade Commission Act and the FTC's Unfairness Policy Statement , an ad or business practice is unfair if: A typical inquiry follows these steps: The FTC looks at the ad from the point of view of the "reasonable ... technology research, surveys study and trend statistics
NOTES PRUDENTIAL STANDING LIMITATIONS ON LANHAM ACT FALSE ...
LANHAM ACT FALSE ADVERTISING CLAIMS. Gregory Apgar*. Section 43(a) of the Lanham Act provides a federal cause of action for false advertising. ...
REAL TIME
FALSE ADVERTISING/LANHAM ACT
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QUESTIONS AND ANSWERS
Google Answers: Selling International versions of textbooks to US ...
ssehgal-ga: Thank you for your question regarding selling international versions of textbooks to US consumers. First, a brief reminder to you that Google Answers and Researchers such as myself provide general information that is not intended to substitute for informed professional legal advice. The details of this limitation is described for you in the disclaimer at the bottom of this webpage, and the Google Answers Terms of Service. Now that the legalese is out of the way, on to your Answer. :) Which of course deals with more legalese! --------------------- The answer to your question is not a simple one. Three ...
Top 10 Trademark Law Developments and Cases in 2009. | LinkedIn ...
What would you include in a program on the top ten trademark law developments and cases in 2009? I'm looking for ideas for a law school presentation early next year. posted 7 months ago in Intellectual Property | Closed Share This In Re Bose comes immediately to mind. posted 7 months ago In re Bose definitely. I would also suggest "In re Vertex Group LLC" relating to functionality of sound marks and requiring acquired distinctiveness. Regards posted 7 months ago Chicago Intellectual Property, Internet, and Commercial Litigation Attorney see all my answers Best Answers in: Intellectual Property (2), Exporting/Importing (1), ...