We are in the process of migrating the LexisNexis Store. During this transition, some customers may not be able to access their Download Center or new electronic orders. Please call Customer Service 1-800-833-9844 or Chat With A Support Representative <https://supportcenter.lexisnexis.com/app/chat/store_chat/>
Lexis Nexis False Advertising and the Lanham Act
False Advertising and the Lanham Act by Thomas M. Williams covers established precedent and Section 43(a) false advertising case law, including key decisions where courts have developed essential analytical tools to flesh out sparse statutory language.
Publisher:
Matthew Bender
Select a format
International Order Inquiry
Select subscription type
Estimated renewal cost:
Estimated annual upkeep cost:
/
Estimated number of annual updates:
Terms & conditions
Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing customer.support@lexisnexis.com; or returning the invoice marked "CANCEL".
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
The total price includes the product(s) listed in the Order Form and any Updates for a limited period (minimum period of 30 days) after the order is placed ("Order Window"). Shipping and handling fees are not included in the grand total price.
All shipments may be returned, at subscribers' expense, for full credit of the Price within 30 days of receipt.
Shipments may not be returned, and no credits will be issued, more than 30 days after receipt.
After the Order Window, subscribers will receive notice of Updates along with the then-current grand total price and order process as Updates become available. Subscribers will only be shipped those Updates they specifically request.
Product description
View a sample of this title using the ReadNow feature
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.
This 2024 Edition contains up-to-date analysis of the courts’ application of several recent Supreme Court decisions significantly impacting Lanham Act practice, and includes analysis of the Court’s rejection of “willfulness” as a prerequisite for profits disgorgement in Romag Fasteners. The 2024 Edition also examines recent precedent focusing on the puffery defense and the distinction between claims based on provable facts and those based on opinions. As always, this edition will review the courts’ application of the multifactor liability test under Section 43(a)(1)(B), including focus on the “materiality” requirement.
The 2023 edition ISBN is 9781663354761.
eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® for further legal research options. A valid subscription to Lexis+® is required to access this content.
Featured Authors
Thomas M. Williams
Thomas M. Williams
Thomas M. Williams is a partner in the Chicago office of Barack Ferrazzano Kirschbaum & Nagelberg LLP, where he specializes in trademark and unfair competition litigation, as well as trademark prosecution and advertising counseling. His practice entails representing clients in federal district and appellate courts, and before the Trademark Trial and Appeal Board of the USPTO. He has extensive experience representing clients in unfair competition disputes involving advertising claims and passing-off. Thomas Williams has written many articles and is a frequent speaker on the subject of trademark and unfair competition law and practice.
Table of contents
Chapter 1 False Advertising Under Section 43(a)
Chapter 2 Standing Under Section 43(a)(1)(B)
Chapter 3 The Skill Test: Prima Facie Elements of a Section 43(a) False Advertising Claim
Chapter 4 Pleadings In Section 43(a) False Advertising Cases
Chapter 5 Defenses to Section 43(a) False Advertising Claims
Chapter 6 Injunctive Relief
Chapter 7 Monetary Relief Under the Lanham Act
Table of Statutes
Table of Cases
Index
