Kattison Avenue | Issue 13

Advertising Law Insights From Madison Avenue and Beyond

Fall 2024 | Issue 13

Letter From the Editor

As the seasons change and autumn settles in, we are excited to welcome you to the Fall 2024 edition of Kattison Avenue. Inside this issue, you will find updates on recent court decisions regarding paid search advertising and related trademark infringement claims, and the latest directive targeting deceptive practices linked to subscriptions and memberships.

First, Litigation Partner and Deputy General Counsel David Halberstadter delves into the dispute between 1-800 Contacts, Inc. and JAND, Inc., which operates as Warby Parker, involving Warby Parker's use of keyword advertising tied to 1-800's trademarks. In his article, David explains why the Second Circuit affirmed the dismissal of 1-800's trademark infringement claims against Warby Parker and shares key takeaways from the decision for retailers and other advertisers that may find themselves on either side of