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IntenseX False Advertising Claims Lack Power and Performance
  • Proskauer Rose LLP
  • USA
  • November 23 2016

Last month, in Kanfer v. Pharmacare US, Inc., U.S. District Judge Marilyn Huff of the Southern District of California dismissed on what were


Second Circuit Affirms Ruling that SPD Swiss Precision Diagnostics Falsely Advertised Clearblue Weeks Estimator Home Pregnancy Test and Did so Intentionally and Egregiously
  • Proskauer Rose LLP
  • USA
  • November 21 2016

In an important recent false advertising decision in a suit brought by home pregnancy test manufacturer Church & Dwight against its principal


Claims against Cloud Storage Service Hinge on Grant of Rights Clause
  • Proskauer Rose LLP
  • USA
  • November 10 2016

In a dispute that touches on the intersection of copyright, contract law and cloud technology, the Second Circuit affirmed the dismissal of copyright


U.S. Soccer Federation Shoots and Scores Big In Seventh Circuit Shootout
  • Proskauer Rose LLP
  • USA
  • November 11 2016

Athletes and product advertisements tend to go hand in hand. Back in 1939, Babe Ruth hawked products like Red Rock Cola as "The Finest Cola Drink I


Court’s Maine message to plaintiff suing Poland Spring: you don’t have a leg to stand on
  • Proskauer Rose LLP
  • USA
  • April 7 2015

The District Court of Maine recently provided a reminder that - even in the post-Lexmark world of Lanham Act false advertising standing - Article III


Standing to Assert Injunctive Relief is Not in the Tea Leaves, Court Says
  • Proskauer Rose LLP
  • USA
  • October 28 2016

In Lanovaz v. Twinings North America, Inc., Judge Whyte of the Northern District of California recently decided that the plaintiff lacked standing to


Music downloader's due process rights violated by copyright statutory damages award of $22,500 per song
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A jury award of $22,500 per song, resulting in a total award of $675,000 in statutory damages against an individual who downloaded copyrighted music files on a peer-to-peer network, violated the individual's due process rights, where he reaped no pecuniary reward from the infringement and the infringement caused the plaintiffs "minimal harm," a district court ruled


Who owns an employee's Twitter and other online accounts?
  • Proskauer Rose LLP
  • USA
  • December 8 2011

In this era of multiple online communication channels, and in an environment of increased employee mobility, employers need to focus on the legal and practical ways of securing their ownership of online company accounts that are registered or otherwise created by employees or contractors


One expensive “Hangover”: studio may be forced to pay up for Iron Mike’s ink
  • Proskauer Rose LLP
  • USA
  • July 29 2011

Over the course of four decades in the public eye, there have been many faces of Mike Tyson: heavyweight champion of the world, “baddest man on the planet,” reformed felon, fledgling actor, and, most recently, speech therapist


Where’s the Octopus? New False Advertising Class Action against Goya Foods, Inc. Claims Octopus Is Missing from Products
  • Proskauer Rose LLP
  • USA
  • May 24 2016

A new putative consumer class action claiming damages in excess of $5,000,000 was filed earlier this month in the Northern District of California