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Surges in False Advertising Cases Related to COVID-19

The U.S. Food and Drug Administration (FDA), the Federal Trade Commission (FTC), and the National Advertising Division (NAD) have been warning companies to avoid making fraudulent claims or implying...

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Deceptive Advertising, False Advertising

AMS Offers Free CLE-Eligible Webinar on Use of Survey Evidence in Intellectual Property Litigation

Consumer surveys are one of the most powerful tools available in trademark or trade dress infringement cases, deceptive advertising matters, class actions, and many other types of litigation....

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Deceptive Advertising, Class Action/Class Certification, Likelihood of Confusion, Trademark, False Advertising, Webinar

The importance of consumer surveys in deceptive advertising matters

Litigants in false advertising matters can often underestimate the impact of consumer surveys in proving or refuting allegations of deception. One example is Trex Co. v CPG International, two...

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Deceptive Advertising

Survey Evidence Cited in Appeals Court Decision

In a 2015 decision by the Fourth Circuit Court of Appeals, survey evidence was frequently cited in support of the lower court’s decision. The case was Design Resources, Inc. v Leather Industries of...

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Deceptive Advertising

New Evidence that “Good Data Drives Out Bad Cases”

A 2015 article1 published by Shari Diamond and David Franklyn reports the results of a survey(!) of trademark attorneys on the role that surveys play in the ultimate resolution of a case. They note...

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Deceptive Advertising, Trademark

Showing Irreparable Harm

In a March 2015 teleconference sponsored by the ABA entitled Irreparable Harm in Lanham Act False Advertising Litigation, three distinguished panel members (Roger Colaizzi of Venable, David Bernstein...

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Deceptive Advertising

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