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Thursday July 10, 2014 1:00 - 2:00 pm Eastern
The law of false advertising has attracted national attention. Two recent Supreme Court decisions interpreting the Lanham Act will provide companies with more flexibility in policing their competitor’s product claims.
The Supreme Court recently issued Lanham Act opinions in Lexmark International v. Static Control Components and POM Wonderful v. Coca Cola, involving standing and preclusion, respectively. The Third Circuit will soon address whether a Lanham Act plaintiff who shows a likelihood of succeeding on its false advertising claim is entitled to a presumption that the defendant’s conduct causes irreparable harm.
What impact will these decisions have on future actions under the Lanham Act? Learn more at this CLE on the latest rulings on the Lanham Act.
What You Will Learn
Discussion will include:
analysis of Court’s decisions in Lexmark and POM Wonderful
standing to bring suit under Lanham Act
FDA preclusion and preemption
remedies: injunctive relief vs. damages
Who Should Attend
This continuing legal education program from American Law Institute CLE will benefit in-house counsel, IP and business attorneys, and other professionals involved in business marketing.
Christopher M. Kindel, Member, Pirkey Barber PLLC, Austin, Texas
Mr. Kindel focuses his practice on intellectual property trademark and copyright. His experience crosses a wide range of industries including consumer and luxury goods, retail sales, hotel services, music and entertainment, pharmaceuticals, software, financial and consulting services and information technologies industries.
Saul H. Perloff, Member, Norton Rose Fulbright LLP, San Antonio, Texas
Mr. Perloff is a partner in the firm’s Intellectual Property Group and the head of the false advertising group where he represents domestic and international clients in a wide range of complex advertising and unfair competition disputes under the Lanham Act and state law. He also counsels and advises pharmaceutical, consumer product, biotechnology and other clients on advertising and brand protection strategies.
Adam L. Scoville, Vice President & Assistant General Counsel, RE/MAX, LLC, Denver, Colorado
Mr. Scoville leads a team of over a half dozen professionals charged with advertising substantiation, trademarks and brand protection, and other intellectual property issues at RE/MAX, LLC, which franchises real estate brokerage operations with over 90,000 sales associates, in over 6,000 franchised offices, in over 95 countries.
Rebecca L. Tushnet, Professor of Law , Georgetown Law, Washington, D.C.
Professor Tushnet is a professor of law at Georgetown specializing in intellectual property and is a frequent author and speaker on the topic. She also writes the widely-followed 43(B)log False Advertising and More which reports on current IP cases, issues, conferences, and debates.