False Advertising and the Lanham Act
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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 2023 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 2023 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 2022 edition ISBN is 9781663332509.
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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