Searching Content indexed under Litigation, Mediation & Arbitration by Alexander Kaplan ordered by Published Date Descending.
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Suit Over Use Of American Heart Association Certification Mark Maintains A Pulse
Is it deceptive to label food products with the mark of the American Heart Association ("AHA") without disclosing that the AHA was paid for use of its certification mark?
United States
4 Jun 2019
Second Circuit Affirms Dismissal Of Truffle Kerfuffle
Last year, we wrote about Jessani et al v. Monini North America, a case in the Southern District of New York in which the court dismissed as a matter of law plaintiffs'
United States
11 Dec 2018
District Court Filters Out Preempted "Spring Water" False Advertising Claim
Earlier this year, we covered a decision from the District of Connecticut finding state law false advertising claims against the bottled water company Poland Spring preempted by the FDCA.
United States
12 Nov 2018
EDNY Sticks A Fork In Angus Steak Sandwich Class Action Complaint
A federal court in the Eastern District of New York recently dismissed a putative class action filed against Dunkin' Brands alleging deceptive advertising with respect to its Angus Steak & Egg Breakfast Sandwich and Angus Steak & Egg Wake-Up Wrap.
United States
11 Oct 2018
Justice (And Lunch) Is Served: Second Circuit Holds That Food Truck Branded With Ethnic Slurs Is Entitled To First Amendment Protection
In a recently issued decision, the Second Circuit held that a food truck could not be excluded from a New York State lunch program solely because the truck and the food it sells was branded using ethnic slurs.
United States
19 Jan 2018
Second Circuit Dismisses Claims Of Would-Be Ad-Blockers
On November 22, 2017, the Second Circuit in Heskiaoff v. Sling Media affirmed the dismissal of a class action complaint against Sling Media that alleged deceptive business practices in connection with...
United States
1 Dec 2017
Tough Puffery: Court Closes Door On Ford False Advertising Suit
The Northern District of New York recently found that Ford Motor Company's "Built Ford Tough" slogan was non-actionable puffery, and dismissed putative false advertising class action claims...
United States
5 Sep 2017
Truffle Kerfuffle: Truffle Lawsuit Not On The Menu For Plaintiffs
Truffles are renowned as one of the rarest delicacies in the world.
United States
9 Aug 2017
Supreme Court Finds Cheerleading Uniform Designs Copyrightable
The designs in question were primarily "combinations, positions, and arrangements of elements" that included stripes, chevrons, zigzags, and colorblocks.
United States
28 Mar 2017
Second Circuit Affirms Preliminary Injunction Of "Identical" Gray Goods
Earlier this month in Abbott Laboratories v. Adelphia Supply USA et al, the Second Circuit affirmed a district court's grant of a preliminary injunction halting the alleged sale of gray-good diabetes test strips.
United States
29 Nov 2016
Second Circuit Affirms Ruling That SPD Swiss Precision Diagnostics Falsely Advertised Clearblue Weeks Estimator Home Pregnancy Test And Did So Intentionally And Egregiously
When SPD launched the Weeks Estimator in the U.S. in August 2013, it unleashed an extensive advertising campaign that the trial court found "was intentionally designed to mislead consumers"...
United States
22 Nov 2016
Second Circuit Finds Use Of "Who's On First" Routine Not Transformative And Not Fair Use
Earlier this month, the U.S. Court of Appeals for the Second Circuit issued a consequential opinion on the meaning and scope of what has become the "transformative use" factor...
United States
2 Nov 2016
Madonna And Warner Music Beat Copyright Suit Over Song Sample
We represented Madonna, Warner Bros. Records and WB Music in a lengthy copyright lawsuit, culminating in the Ninth Circuit's affirmance of the dismissal of plaintiff's sampling copyright infringement claim.
United States
8 Jun 2016
The FTC Trims The Fat Off Even More Companies Selling Weight Loss Products
The FTC has made clear that it does not take unsubstantiated weight loss supplement claims lightly.
United States
3 May 2016
Stars Fail To Align For P&G, As Supreme Court Rejects Class Certification Appeal
U.S. District Judge Timothy S. Black of the Southern District of Ohio granted plaintiffs' motion to certify the suit as five single-state class actions.
United States
25 Apr 2016
Fourth Circuit Extends Section 43(A) Lanham Act Standing To Companies Not Selling Their Product Or Using Their Mark In The U.S.
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.
United States
1 Apr 2016
SPF 70 Claims Blocked
Plaintiff Nathan Dapeer sued Neutrogena, claiming that he and similarly situated consumers had been deceived by the company's labeling of its Beach Defense Broad Spectrum SPF 70 Lotion.
United States
11 Jan 2016
Snack Time: Court Finds Prominent Pictures Of Produce On Fruit Snacks Not Deceptive
The issue was whether the product packaging misled consumers into believing that these four foods constituted the primary ingredients of the snack.
United States
18 Dec 2015
Follow Instructions For Use Carefully: NARB Affirms Clorox Advertisement Is Unsubstantiated
A recent National Advertising Review Board ("NARB") decision reminds advertisers to adhere to a fundamental principle of product testing: competing products should be tested in accordance with their usage instructions to substantiate comparative claims.
United States
8 Dec 2015
A Yarn Spun, But Advertising Not Tailored To A Lanham Act Claim
In a recent application of the Supreme Court's 2014 Lexmark decision on standing, the Court of Appeals for the Third Circuit held last month that a yarn retailer who alleged it was misled by its supplier...
United States
22 Oct 2015
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