False Advertising and the Lanham Act (2015) Book PDF, ePub eBook

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Book Descriptions:
Section 43 of the Lanham Act is an invaluable tool for intellectual property and commercial litigators. It includes causes of action for trademark infringement-type "passing off" claims, false advertising, trademark dilution, and domain-name cyberpiracy. It is the cornerstone for civil litigants seeking redress for competition-related torts in federal courts. However, Section 43(a) is not a general catch-all for commercial grievances, and is arguably the most misinterpreted and misapplied subsection in the Lanham Act, despite having an extensive body of case law delineating specific causes of action and proofs. Practitioners are well-advised to grasp its nuances before proceeding under the banner of "unfair competition".

In False Advertising and the Lanham Act Thomas Williams addresses false advertising claims under Section 43(a)(1)(B) of the Lanham Act. The product focuses on false advertising claims under Section 43(a), and specifically, Section 43(a)(1)(B). It connects the dots in false advertising precedent, from standing to sue through monetary relief, and includes analysis of key cases where courts have developed essential analytical tools for fleshing out the sparse statutory language.

The 2015 Edition includes analysis of a number of new cases, including U.S. Supreme Court's decisions in Lexmark International v. Static Control Components, resolving the circuit split on whether antitrust-based standing rules are applicable to false advertising claims, and Pom Wonderful LLC v. Coca-Cola Co., which explores the interplay between Section 43(a) and beverage labeling regulations.

Features

•   Gray Markets: Prevention, Detection and Litigation
•   Trade Dress: Evolution, Strategy and Practice
•   Trademark & Copyright Litigation: Forms and Analysis
•   Trademark Surveys: A Litigator's Guide
•   Trade Secrets: Law and Practice
•   Trade Secret Law and Corporate Strategy

False Advertising and the Lanham Act (2015) by Thomas M. Williams

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