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ARTICLE · 13 FEBRUARY 2017

Advertising Litigation Report: Vol. 2, No. 1

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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Lanham Act Liability for Native Advertising Violations

United StatesMedia, Telecoms, IT, Entertainment
Benjamin Arrow
Benjamin Arrow
Kurt M. Denk
Kurt M. Denk
Samantha Ettari
Samantha Ettari
Eileen Patt
Eileen Patt
Norman Simon
Norman Simon
Author LinkedIn connections

In this issue:

Lanham Act False Advertising

Lanham Act Liability for Native Advertising Violations

  • Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016)
  • Vitamins Online, Inc. v. HeartWise, Inc., d/b/a NatureWise, No. 2:13-CV-982-DAK, 2016 WL 5106990 (D. Utah Sept. 19, 2016)  

Fake Online Reviews May Be Actionable as False Advertising

  • Romeo & Juliette Laser Hair Removal, Inc. v. Assara I LLC, No. 08 CV 442 (DLC), 2016 WL 815205 (S.D.N.Y. Feb. 29, 2016)

The Parameters of Puffery

  • Tempur Sealy Int'l, Inc. v. WonderGel, LLC, No. 5:16-cv-83, 2016 WL 1305155 (E.D. Ky. Apr. 1, 2016)
  • Martin v. Living Essentials, LLC, 160 F. Supp. 3d 1042 (N.D. Ill. 2016), aff'd 653 F. App'x 482 (7th Cir. 2016) (nonprecedential)

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