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Advertising And IP Law At The Cutting Edge
Editor: Please tell us about your practice as described in your bio, and the bridge between intellectual property and advertising law. Ervin: My background is in what is called “soft IP” – trademarks and copyrights in dealing with brands, content, marketing and advertising....
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Supreme Court Resolves Circuit Split On Standing In Lanham Act False Advertising Cases
On March 25, 2014, the U.S. Supreme Court resolved a circuit split on the crucial issue of who has standing to sue for false advertising under the Lanham Act. In a unanimous decision authored by Justice Scalia, the Court held that to have standing, a plaintiff simply must plead "an...
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Gain With Less Pain: Ending Your Competitor’s False Or Misleading Advertising Claims Without Having To Litigate
The best marketers train one eye on their marketing message and the other on their competitors’. And when a competitor’s claim is deemed to go too far, it is the legal department that must consider its options in trying to end the claim or campaign before it threatens the company...
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