First, I apologize for the slew of RSS feed
updates you may recently have received if you subscribe via an RSS reader like
Feedly—the feed has apparently been broken since early May. I was still here
though! If you’re interested, you can
browse the archives at tushnet.blogspot.com, or use any tags of interest to see
what you missed. I have taken measures so I'll notice earlier next time.
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.
Planning Chair
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.
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