Wednesday, September 28, 2011

Eavesdrop on a Lanham Act Oral Argument

PDF of the invitation here. At this teleseminar, October 11, 2011, 12:30-2:00 pm eastern, sponsored by the Private Advertising Litigation subcommittee of the ABA's Antitrust Section, three experienced Lanham Act litigators will present a mock argument. As part of the mock case, the attorneys will debate the admissibility of a survey where the advertising claim is literally truthful — and arguably “unambiguous.” The defendant will rely on the recent “Havana Club” case, Pernod Ricard USA v. Bacardi (3d Cir. August 2011), which held that “a factually accurate and facially unambiguous statement is not open to attack through a consumer survey.”


Steve Zalesin, Patterson Belknap Webb & Tyler LLP
Randy Miller, Arnold & Porter LLP


Randi Singer, Weil Gotshal & Manges LLP

I will moderate.

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