Lanham Act and Advertising

Lanham Act, agency enforcement actions and other false advertising cases are usually accompanied by emergency motions to halt product launches and marketing campaigns in their tracks. Battlelines with a competitor can also present challenges about first amendment issues, grey marketing and unauthorized distribution, counterfeit goods, labelling, intellectual property licensing, and a host of other trademark and promotional practices. These marketing challenges call for a robust, convincing litigation strategy executed with skill and creativity. 

•Successful defense of Federal Trade Commission’s complaint and show cause order challenging client’s dietary supplement labeling and other advertising; district court decision upheld on appeal.

•Successful pursuit of TRO and preliminary injunction against licensor’s threatened termination of client’s exclusive license to certain worldwide nanotechnology patents applicable to flat panel displays.  

•Successful defense of competitor’s TRO and preliminary injunction motions challenging famous quick-serve restaurant’s launch of new menu items under Lanham Act and state anti-dilution and common law trademark theories.  

•Successful defense of competitor’s Lanham Act false advertising challenge of famous quick-serve restaurant’s marketing of certain menu items.  

•Successful prosecution of Lanham Act grey marketing case against competing and unauthorized wholesale distributors of client’s famous brand products; lifetime injunction against defendants upheld on appeal.   

•Successful defense of multi-state class action challenging ammunition reference price and availability advertising by famous nationwide sporting goods retailer.     

•Represented famous computer brand defending class action claims that its reference price advertisements violated California Unfair Competition Law and Consumer Legal Remedies Act.