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A recall notice directed to “6 Hour” energy shots could constitute false advertising

McDermott Will & Emery
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USA
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October 31 2012

Addressing the issue of whether a recall notice issued by a competitor constituted false advertising and anti-competitive conduct in violation of Section 2 of the Sherman Act, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s judgment dismissing false advertising claims and affirmed the district court’s dismissal of Sherman Act claims

Lanham Act attorneys’ fees awarded in the absence of damages

McDermott Will & Emery
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USA
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August 31 2011

The U.S. Court of Appeals for the Ninth Circuit held that even in the absence of an award of damages on a Lanham Act false advertising claim, a party can recover attorneys’ fees after obtaining an injunction that confers substantial benefit to the public

False advertising injunction upheld; it’s all good and good for you

McDermott Will & Emery
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USA
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May 28 2011

In a case involving nutritional claims associated with baby formula, the U.S. Court of Appeals for the Fourth Circuit upheld a $13.5 million jury verdict won by a generic baby formula producer and permanent injunction for false advertising against its longtime legal foe, brand name baby formula producer Mead Johnson

Second Circuit revives antitrust class action complaint, perhaps lowering perceived heightened pleading standards

McDermott Will & Emery
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USA
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March 5 2010

The court's revival of this antitrust complaint will likely be an important precedent used by plaintiffs in their efforts to survive future motions to dismiss

A combination of non-conclusory factual allegations satisfies Twombly for a Sherman Act 1 claim and can proceed to trial

McDermott Will & Emery
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USA
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February 28 2010

The U.S. Court of Appeals for the Second Circuit recently reversed a district court decision dismissing a complaint alleging the defendants conspired to fix prices of digital music in violation of the Sherman Act 1

Ninth Circuit gives copier leasor second shot at Lanham Act claims

McDermott Will & Emery
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USA
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February 29 2008

The U.S. Court of Appeals for Ninth Circuit reversed the F.R.Civ. Pro. 12(b)(1) dismissal of a complaint alleging false statements and antitrust violations, finding that the factual allegations, if taken as true, would support the Lanham Act and Sherman Act claims

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Jurisdiction - USA
Workarea - Litigation
Workarea - Media & Entertainment
Workarea - Competition
Firm Name - McDermott Will & Emery