Advertising Litigation Report: Vol. 2, No. 2s

In this issue:

Lanham Act False Advertising

• Summary Judgment Affirmed for Defendant in Lanham Act Challenge to Statements Concerning Popularity of Advertiser's Product, Scarcity of Challenger's Product
• District Court Adopts Report and Recommendation, Denies Judgment on the Pleadings, in Lanham Act Suit Challenging 'Same Quality' Claim
• Reputational Injury Arising From Unauthorized Use of Likeness May Support Lanham Act Liability
• Court Rejects Lanham Act Claim Premised on Future Advertising by Nonparties

Consumer Fraud Class Action

• House Passes Fairness in Class Action Litigation Act of 2017 H.R.985 — 115th Congress
• Ninth Circuit: Plaintiffs Need Not Prove Administratively Feasible Method of Identifying Class Members to Establish Ascertainability