Now Amex Has Its Privileges US Supreme Court Upholds Anti-Steering Rules
August 2, 2018
Credit card companies have been responsible for some of the most memorable advertising slogans. Beginning in 1975, Amex pitchman Karl Malden cautioned cardholders, “Don’t Leave Home Without It.” In the 1980’s, Visa reassured consumers that its card was “Everywhere You Want to Be.” Not to be outdone, MasterCard countered with its “Priceless” campaign.
Trumps Brand Causing Unfair Competition
May 30, 2017
A wine bar near Trump’s Pennsylvania Ave hotel is claiming Trump’s “brand” is unfairly hindering competition. This not only begs the question of whether political allure can qualify as unfair competition but, perhaps more importantly: Does the president have a “brand” capable of competition?
Google Pays 5.5M To No One: Cy Pres Problems Expert Cures
January 24, 2017
They say the art of negotiating is learning what the other side truly wants. What if they want a donation to cancer research? That’s admirable. But what if it is not the plaintiffs who want it, but counsel, in addition to a hefty attorney’s fee? Might it be time to call in the experts?
Measuring the Dollar Impact of False Advertising
January 3, 2017
In preparing for false advertising litigation, attorneys often employ consumer research experts to address the impact on purchasing behavior and damages experts to determine the unfair gain. This article describes a consumer research methodology that not only detects the presence of impact, but is also capable of quantifying the potential gain associated with allegedly false claims.
How Do You Lose a Claim for Lost Profits?
December 20, 2016
We don’t mean it as a trick question. It can often be one of the hardest elements to satisfy in a false advertisement or copyright infringement case. A recent opinion from the N.D. Ala. may help offer some new creative ways to ensure you don’t lose lost profits.
Dunkin’ Donuts: Your Munchkin Is Showing
October 5, 2015
Cromunchkin: a mashed-up nugget of croissant and donut. Sounds good, doesn’t it? Andrew Douglass seemed to think so, which is why he attempted to register the trademark in order to sell it to Dunkin’ Donuts. But Dunkin’ is a veteran in the world of pastry trademarks. When it came time to oppose Douglass’s cromunchkin application, Dunkin’ pointed out a rookie mistake in Douglass’ application.”
“I Know It’s True – I Read It on Facebook.”
June 11, 2015
As social media and other internet mediums become an integral part of everyday life, jurors find it increasingly acceptable to consult many of these sources when making their decisions. Even during trial, after they've been warned of the dangers of turning to the internet or social media to conduct their own investigation, there is a good chance they’re still going to do it. In the wake of this social media misconduct, is the question how to stop it, or rather, what will they find?