Like trademark litigation, false advertising litigation is governed at the federal level by the Lanham Act, and trademark infringement and false advertising actions have much in common, including the need to prove consumer confusion or deception and the use of consumer surveys to do so.
As with trademark litigation, our lawyers have litigated numerous false/misleading advertising cases in courts throughout the country. We have also represented numerous clients in false advertising proceedings initiated by the Federal Trade Commission and in proceedings brought under the rules of the National Advertising Division of the Better Business Bureau (NAD).
Representative Matters
- Representation of SPI Group against false advertising claims concerning STOLICHNAYA vodka in the Southern District of New York.
- Representation of Spirits International, an affiliate of SPI Group, against false advertising claims concerning its STOLICHNAYA vodkas in the Superior Court of the State of California for the County of Los Angeles.
- Representation of Kentucky Fried Chicken, Microsoft, Dayton Technologies and others in connection with false advertising claims brought before the NAD.
- Representation of Public Broadcasting Service (PBS) in a trial of false advertising claims brought by PBS challenging a video marketer’s use of the phrase “public television presents” in the Eastern District of Virginia.
- Representation of Adams Laboratories in a false advertising action challenging pharmaceutical advertisements by Carolina Pharmaceuticals in the Southern District of New York.
- Representation of American Petroleum Institute against false advertising claims based on its protocol for certification of branded motor oils that were tried in a preliminary injunction proceeding in the Southern District of New York.
- Representation of Bacardi in its defense of a false advertising lawsuit concerning HAVANA CLUB rum in the District Court of Delaware.
- Representation of Wells Fargo Bank in numerous consumer class actions brought in state and federal courts in California invoking the state’s false advertising statutes with respect to the bank’s sales of products and services.
Accolades
Covington's intellectual property attorneys have been recognized by:
- The Best Lawyers in America (2007-2013)
- Chambers USA - America's Leading Business Lawyers (2006-2011)
- Chambers Europe (2012)
- Legal 500 US - Trademarks: Litigation (2011)
- Legal 500 UK - IP (2011-2012)
- Legal 500 EMEA - Intellectual Property, Belgium (2011-2013)
- Managing Intellectual Property Global Awards, short-listed in the pan-European category "New Media/Internet" (2010)
- The Practical Law Company (PLC) - Life Sciences, Which Law Firm? - Recognized for Intellectual Property (2009)
- WORLDLeaders IP Awards, short-listed in the worldwide categories "Excellence in Domain Name Policy Implementation" (2008) and "Domain Name Strategy and Management" (2009)
- Managing Intellectual Property Global Awards, "US IP Firm in Europe" for EU and regulatory work (2008)
- WORLDLeaders European Awards for trademark excellence (North America/Canada) (2007)
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