Apr 23, 2024 A Different Take on "Made in USA" Claims From the 10th Circuit? By Jeff Greenbaum Can you promote your product as being “Made in the USA” if the product is assembled in the United States using some foreign components? ...
Mar 02, 2024 Swimming Pool Parts Manufacturer Owes $15 Million for False Advertising By Kimberly Maynard Last week, a North Carolina federal jury charged Blueworks Corp., a swimming pool equipment manufacturer, with $14.7 million in damages...
Oct 27, 2022 Jury Awards More Than $3M in Damages in Lawsuit Alleging False "Made in USA" Claims By Jeff Greenbaum BenShot and Lucky Shot USA both sell drinking glasses with bullets embedded in the side of the glass. BenShot sued Lucky Shot USA in...
May 06, 2022 Is "Australia's #1 Pain Relief Spray" Puffery? By Jeff Greenbaum Painaway, an Australian company, sells a range of pain relief products, which it has advertised as "Australia's No. 1 Joint & Muscle...
May 02, 2022 Can You Make "Made in USA" Claims For Drinking Glasses That Are (Almost Entirely) Made in China? By Jeff Greenbaum BenShot and Lucky Shot USA both sell drinking glasses with bullets embedded in the side of the glass. BenShot sued Lucky Shot USA in...
Apr 03, 2022 Is a Claim That a Product is Made Locally Actionable Under the Lanham Act? By Jeff Greenbaum In a long-running dispute between Bimbo Bakeries and United States Bakery, one of the issues was whether U.S. Bakery misled consumers...
Sep 28, 2021 Does it Matter Who is "First"? By Jeff Greenbaum In June of 1982, American Family Care ("AFC") opened its first urgent care clinic in Hoover, Alabama. A few months later, in September,...
Aug 24, 2021 Does "Tested" Actually Mean That You've Conducted Testing? By Jeff Greenbaum Last spring, the 9th Circuit weighed in again on some advertising issues, this time in connection with a dispute between manufacturers of...
Aug 17, 2021 When are Provable Statements Considered to be Puffery? By Jeff Greenbaum The International Code Council creates and publishes model building codes, which are often incorporated into federal, state, and local...
Jul 13, 2021 Borat's Subsequent Litigation Lawsuit By Edward H. Rosenthal Sacha Baron Cohen is no stranger to litigation. The creator of the Borat, Ali G and other characters has been sued on several occasions....
Jun 20, 2021 Can a Brand Use Ice Cube's "Signature Catchphrase" in a Newsletter Without Permission? By Brian Murphy O’Shea Jackson, better known as Ice Cube, is a man of many talents: rapper, actor, director, entrepreneur, and social activist, to name...
Feb 03, 2021 When Do Sponsored Product Reviews Become Advertising? By Jeff Greenbaum Does the First Amendment protect a publisher of supposedly independent product reviews if it turns out that the publisher was actually...
Jan 19, 2021 False Claim of Independence By Product Review Sites Gives Rise to Potential Liability By Terri Seligman Brag all you want. But if you brag falsely claiming that everyone independently agrees with you, you might be liable for false...
Nov 29, 2020 Court Holds Lanham Act Defendant Liable for Manipulated Product Reviews By Terri Seligman The US district court in Utah recently issued interesting Findings of Fact and Conclusions of Law in a Lanham Act case addressing, among...
Oct 24, 2020 Does "Maps Courses on Foot for Added Accuracy" Mean That You've Mapped "All" Courses? By Jeff Greenbaum There are a variety of products that you can use when you're on the golf course and you're trying to figure out what the distance is to...
Sep 20, 2020 Should an Advertising Agency Display Client Work on its Website After the Relationship Ends? By Jeff Greenbaum An advertising agency spends years creating work for its client and then, at some point, the relationship ends. Does the ad agency have...