On Wednesday, January 23, Knobbe Martens Partners Jeff Van Hoosear, Susan Natland, Diane Reed and Lynda Zadra-Symes participated in the Association of Corporate Counsel (ACC) - Southern California In-House Counsel Conference. This all day CLE program was just for in-house counsel and panels included: Social Media & Privacy; New Developments in California Employment Law; Lawful Interception; Millennial Engagement in the Workplace; and Helping Sales & Marketing Avoid Defamation/Unfair Competition.
On Wednesday, January 23, Knobbe Martens Partners Jeff Van Hoosear, Susan Natland, Diane Reed and Lynda Zadra-Symes participated in the Association of Corporate Counsel (ACC) - Southern California In-House Counsel Conference. This all day CLE program was just for in-house counsel and panels included: Social Media & Privacy; New Developments in California Employment Law; Lawful Interception; Millennial Engagement in the Workplace; and Helping Sales & Marketing Avoid Defamation/Unfair Competition.
The document discusses litigation involving food and beverage labeling and safety issues, including class action lawsuits alleging false advertising about ingredients like propylene glycol in pet food and alcohol content claims, as well as homeopathic medicine and health food labeling. It also summarizes a case involving high fructose corn syrup where the plaintiff alleged HFCS caused her diabetes.
The Rise of False Advertising and Deceptive Trade Practice ClaimsMichael Annis
There is increasing litigation over allegedly false or misleading labeling and advertising of consumer products. Claims can be brought by competitors under false advertising laws, by consumers under consumer protection statutes, or by government agencies. Terms like "natural", "handmade", and health claims are particularly vulnerable to accusations of deception if not sufficiently clear or supported. Recent cases have established that regulatory approval does not prevent false advertising claims and have encouraged more consumer class actions on state law theories. Companies can reduce risk by carefully scrutinizing all claims, being transparent about production methods and origins, and substantiating any health assertions.
False Advertising in the Alcohol Beverage IndustryMichael Annis
This document discusses litigation trends surrounding accusations of false or misleading labeling and advertising in the alcohol beverage industry. There are three main types of claims - from competitors, consumers, and the government. Competitor claims focus on allegations of false advertising under the Lanham Act or through the National Advertising Division. Recent cases like POM Wonderful v. Coca Cola show that regulatory approval does not prevent false advertising claims. The document also discusses consumer class action lawsuits under state consumer protection laws and examples of ongoing lawsuits challenging terms like "handmade," "craft," and geographic claims on alcohol labels and advertisements.
This document summarizes a student paper on false advertising. The paper examines what constitutes false advertising, tactics used like bait-and-switch and artificially inflated prices. It discusses regulators like the FTC and FCC that police false ads. As an example, it outlines a case where Lord & Taylor paid Instagram influencers without disclosing it was an ad. The conclusion is that as advertising becomes more competitive, it's important for consumers and regulators to be aware of deceptive practices.
This document discusses false advertising and the ways companies engage in deceptive practices. It describes how advertisers use vagueness, conceal facts, and exaggerate claims to mislead consumers. Some advertisers also use "bait and switch" tactics where they advertise unavailable products to get customers to buy alternatives. The Federal Trade Commission works to prevent unfair business practices and deceptive ads through laws like the Pure Food and Drug Act, Federal Trade Commission Act, and Lanham Act.
The document discusses a study on advertisers' perception of Indulge, a weekly supplement of The New Indian Express newspaper. It provides background on advertising and perception. The objectives are to study the brand image of the newspaper among advertisers, understand why advertisers choose Indulge, and examine their perception of the supplement. The methodology involved interviews and questionnaires with 30 advertising clients. Preliminary findings found advertisers perceive Indulge positively and as depicting new trends, but there is room to increase circulation.
The document discusses various advertising techniques used to implicitly or explicitly convey messages to consumers. It defines implicit advertising as implying messages without directly stating them, while explicit messages are clearly expressed. The document then proceeds to define and provide examples of 12 common advertising techniques: testimonial, transfer, plain folk, scarcity, band wagon, snob appeal, facts and figures, hidden fears, repetition, magic ingredients, and weasel words. These techniques aim to influence consumers' purchasing decisions through implied or stated messages.
On Wednesday, January 23, Knobbe Martens Partners Jeff Van Hoosear, Susan Natland, Diane Reed and Lynda Zadra-Symes participated in the Association of Corporate Counsel (ACC) - Southern California In-House Counsel Conference. This all day CLE program was just for in-house counsel and panels included: Social Media & Privacy; New Developments in California Employment Law; Lawful Interception; Millennial Engagement in the Workplace; and Helping Sales & Marketing Avoid Defamation/Unfair Competition.
The document discusses litigation involving food and beverage labeling and safety issues, including class action lawsuits alleging false advertising about ingredients like propylene glycol in pet food and alcohol content claims, as well as homeopathic medicine and health food labeling. It also summarizes a case involving high fructose corn syrup where the plaintiff alleged HFCS caused her diabetes.
The Rise of False Advertising and Deceptive Trade Practice ClaimsMichael Annis
There is increasing litigation over allegedly false or misleading labeling and advertising of consumer products. Claims can be brought by competitors under false advertising laws, by consumers under consumer protection statutes, or by government agencies. Terms like "natural", "handmade", and health claims are particularly vulnerable to accusations of deception if not sufficiently clear or supported. Recent cases have established that regulatory approval does not prevent false advertising claims and have encouraged more consumer class actions on state law theories. Companies can reduce risk by carefully scrutinizing all claims, being transparent about production methods and origins, and substantiating any health assertions.
False Advertising in the Alcohol Beverage IndustryMichael Annis
This document discusses litigation trends surrounding accusations of false or misleading labeling and advertising in the alcohol beverage industry. There are three main types of claims - from competitors, consumers, and the government. Competitor claims focus on allegations of false advertising under the Lanham Act or through the National Advertising Division. Recent cases like POM Wonderful v. Coca Cola show that regulatory approval does not prevent false advertising claims. The document also discusses consumer class action lawsuits under state consumer protection laws and examples of ongoing lawsuits challenging terms like "handmade," "craft," and geographic claims on alcohol labels and advertisements.
This document summarizes a student paper on false advertising. The paper examines what constitutes false advertising, tactics used like bait-and-switch and artificially inflated prices. It discusses regulators like the FTC and FCC that police false ads. As an example, it outlines a case where Lord & Taylor paid Instagram influencers without disclosing it was an ad. The conclusion is that as advertising becomes more competitive, it's important for consumers and regulators to be aware of deceptive practices.
This document discusses false advertising and the ways companies engage in deceptive practices. It describes how advertisers use vagueness, conceal facts, and exaggerate claims to mislead consumers. Some advertisers also use "bait and switch" tactics where they advertise unavailable products to get customers to buy alternatives. The Federal Trade Commission works to prevent unfair business practices and deceptive ads through laws like the Pure Food and Drug Act, Federal Trade Commission Act, and Lanham Act.
The document discusses a study on advertisers' perception of Indulge, a weekly supplement of The New Indian Express newspaper. It provides background on advertising and perception. The objectives are to study the brand image of the newspaper among advertisers, understand why advertisers choose Indulge, and examine their perception of the supplement. The methodology involved interviews and questionnaires with 30 advertising clients. Preliminary findings found advertisers perceive Indulge positively and as depicting new trends, but there is room to increase circulation.
The document discusses various advertising techniques used to implicitly or explicitly convey messages to consumers. It defines implicit advertising as implying messages without directly stating them, while explicit messages are clearly expressed. The document then proceeds to define and provide examples of 12 common advertising techniques: testimonial, transfer, plain folk, scarcity, band wagon, snob appeal, facts and figures, hidden fears, repetition, magic ingredients, and weasel words. These techniques aim to influence consumers' purchasing decisions through implied or stated messages.
In January 2013, Canada’s top advertising law experts gathered to share the latest information on the country’s most pressing advertising law issues. It was an amazing 2 day event that brought together delegates from across the country. This ebook contains some of the key takeaways from various presentations throughout the event.
This document discusses legal risks for online advertisers, affiliates, and networks related to deceptive advertising claims and government investigations. It provides tips to avoid investigations and outlines principles from the FTC regarding negative option marketing and endorsements. Specifically, it advises disclosing material terms and obtaining affirmative consent from consumers. It also warns against false celebrity endorsements or claims without substantiation. Lastly, it notes that advertisers, affiliates, ad networks, and others involved in online marketing can potentially face liability for deceptive practices.
The Retaliation Juggernaut: Why Retaliation Risk is Everywhere & What You Sho...NAVEX Global
Retaliation continues to be the most common claim filed with the EEOC – a trend that is unlikely to change if the past twelve years of rising claims are any indication. Recently-enacted provisions of the U.S. Dodd-Frank Act increase protections for whistleblowers and raise the penalties for retaliation against them. However, employers are still struggling to understand the basic components of retaliation and often silo these complaints in the compliance or legal department without seeking HR input.
Andrew Foose, Vice President, Advisory Services, NAVEX Global and Greg Keating, Partner, Littler, provide an overview of the latest whistleblower protection laws, recent cases that have changed the breadth and scope of retaliation and end with practical strategies to mitigate skyrocketing whistleblower and retaliation risk.
Creative Restart 2023: Atila Martins - Craft: A Necessity, Not a ChoiceTaste
In the world of advertising, craft is no longer optional—it's the foundation of success. Join us for a compelling presentation that explores why craft isn't a choice; it's an absolute necessity in today's competitive landscape. Discover how the art of craft elevates advertising to new heights and unlocks unparalleled creative potential.
Ambush marketing is when a company indirectly associates itself with a sporting event to gain recognition without being an official sponsor. Bavaria beer took advantage of its competitor Budweiser's sponsorship of a 2010 FIFA World Cup match by advertising itself. Ambush marketing provides quick brand awareness and is cost effective but infringes on intellectual property rights. It was first recognized in 1984 when Kodak ambushed Fuji's Olympics sponsorship. While it can diminish sponsorship value and increase marketplace clutter, event organizers must protect sponsors and educate consumers on official sponsors. The legality of ambush marketing depends on applicable intellectual property laws and becomes illegal when it directly misleads consumers into thinking an association is authorized.
This document examines the effectiveness of celebrity endorsements in advertising. It analyzes data from over 2,600 ads to determine if celebrity ads perform better than non-celebrity ads. The analysis finds that contrary to popular belief, celebrity ads do not generally perform better and often perform worse than non-celebrity ads. While clever uses of celebrities can be effective, the creative content of the ad is more important for driving positive responses from viewers than the celebrity endorsement alone. Employing celebrities also carries business risks if they become associated with scandals. The evidence suggests celebrities are not a simple or guaranteed way to improve ad effectiveness.
Law Enforcement Risks for Advertisers, Affiliates, NetworksAffiliate Summit
We will explore recent state/federal actions, assess legal exposure risks to advertisers, affiliates and networks, and discuss best practices for avoiding and dealing with unwanted regulatory scrutiny.
Marketing 101 Powerpoint North Denver Lds Groupseikotran
This document provides an overview of marketing strategies and tips for small businesses. It includes:
- Definitions of marketing and discusses how marketing has changed over time.
- Nine tips for effectively marketing a business, such as enhancing perceived value, limiting decision making, and demonstrating low product costs.
- Information on branding a business, including developing a memorable logo and understanding a brand's strengths.
- Tips for dealing with rejection when advertising and ensuring marketing messages are clear.
- Keys to successful print ads, such as focusing on visual elements and the target market.
- Discussion of calculating return on investment from advertising and finding value through branding collaborations.
- Next steps for evaluating past
Partner Ben Anger discusses the latest developments and advanced strategies for PTAB practice, specifically focused on the petitioner side. Ben covers issues related to selecting the prior art, anticipation versus single-reference obviousness, motivation to combine, post-institution practice, and more.
Partners Susan Natland and Jessica Sganga discussed potential trademark and copyright issues in the emerging metaverse, including the surge in popularity of NFTs (non-fungible tokens) and how they may affect intellectual property protections. Get up-to-speed on the “hot” cases in this evolving area and get practical tips on how best to protect your intellectual property from infringement in this virtual space.
Speakers: Susan Natland, Jessica Sganga
Knobbe partners Jeff Van Hoosear (OC) Jason Jardine (SD) and associate Julia Hanson (SD) recently gave a presentation at San Diego Fashion week on intellectual property for designers and artists. The presentation explored what IP is, why it is important to designers, top 5 misconceptions, how to get a copyright, how to get a trademark and how to get a design patent.
Partner Mauricio Uribe continued the two-part, comprehensive discussion on responding to IP threats and assertions. The presentation focused on a more detailed exploration of the topic and strategic implications for various scenarios.
Speakers: Mauricio Uribe
This document discusses strategic considerations for intellectual property risk mitigation and responding to patent infringement threats and assertions. It provides an overview of types of patent infringement, including literal infringement which occurs when each element of a patented claim is identical in an allegedly infringing device or process. It also discusses doctrine of equivalents, contributory infringement, and induced infringement. The document outlines appropriate and limited defenses to patent infringement and notes statutes related to willfulness and enhanced damages. Factors courts consider for determining willfulness are also provided.
Partner Mauricio Uribe continued the two-part, comprehensive discussion on open-source software and third-party vendors. The presentation focused on a more detailed exploration of the topic and strategic implications for various scenarios.
Speakers: Mauricio Uribe
Partner Jason Gersting, Ph.D. moderated a panel of his peers in a discussion about learning how to identify the waves in current written description and enablement law and tips for smoothly riding them to expand, enhance and protect life sciences intellectual property rights. Panelists included Knobbe Martens partners Jessica Achtsam, Eric Furman, Ph.D., and Dan Altman.
Partner Mauricio Uribe kicked off a two-part, comprehensive discussion on open-source software and third-party vendors. The presentation served as an introduction to the topic and provided more general information.
Speakers: Mauricio Uribe
Partner Mauricio Uribe continued the two-part, comprehensive discussion on data privacy. The presentation focused on a more detailed exploration of the topic and strategic implications for various scenarios .
Speakers: Mauricio Uribe
Partner Mauricio Uribe kicked off a two-part, comprehensive discussion on data privacy. The presentation served as an introduction to the topic and provided more general information.
Speakers: Mauricio Uribe
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In January 2013, Canada’s top advertising law experts gathered to share the latest information on the country’s most pressing advertising law issues. It was an amazing 2 day event that brought together delegates from across the country. This ebook contains some of the key takeaways from various presentations throughout the event.
This document discusses legal risks for online advertisers, affiliates, and networks related to deceptive advertising claims and government investigations. It provides tips to avoid investigations and outlines principles from the FTC regarding negative option marketing and endorsements. Specifically, it advises disclosing material terms and obtaining affirmative consent from consumers. It also warns against false celebrity endorsements or claims without substantiation. Lastly, it notes that advertisers, affiliates, ad networks, and others involved in online marketing can potentially face liability for deceptive practices.
The Retaliation Juggernaut: Why Retaliation Risk is Everywhere & What You Sho...NAVEX Global
Retaliation continues to be the most common claim filed with the EEOC – a trend that is unlikely to change if the past twelve years of rising claims are any indication. Recently-enacted provisions of the U.S. Dodd-Frank Act increase protections for whistleblowers and raise the penalties for retaliation against them. However, employers are still struggling to understand the basic components of retaliation and often silo these complaints in the compliance or legal department without seeking HR input.
Andrew Foose, Vice President, Advisory Services, NAVEX Global and Greg Keating, Partner, Littler, provide an overview of the latest whistleblower protection laws, recent cases that have changed the breadth and scope of retaliation and end with practical strategies to mitigate skyrocketing whistleblower and retaliation risk.
Creative Restart 2023: Atila Martins - Craft: A Necessity, Not a ChoiceTaste
In the world of advertising, craft is no longer optional—it's the foundation of success. Join us for a compelling presentation that explores why craft isn't a choice; it's an absolute necessity in today's competitive landscape. Discover how the art of craft elevates advertising to new heights and unlocks unparalleled creative potential.
Ambush marketing is when a company indirectly associates itself with a sporting event to gain recognition without being an official sponsor. Bavaria beer took advantage of its competitor Budweiser's sponsorship of a 2010 FIFA World Cup match by advertising itself. Ambush marketing provides quick brand awareness and is cost effective but infringes on intellectual property rights. It was first recognized in 1984 when Kodak ambushed Fuji's Olympics sponsorship. While it can diminish sponsorship value and increase marketplace clutter, event organizers must protect sponsors and educate consumers on official sponsors. The legality of ambush marketing depends on applicable intellectual property laws and becomes illegal when it directly misleads consumers into thinking an association is authorized.
This document examines the effectiveness of celebrity endorsements in advertising. It analyzes data from over 2,600 ads to determine if celebrity ads perform better than non-celebrity ads. The analysis finds that contrary to popular belief, celebrity ads do not generally perform better and often perform worse than non-celebrity ads. While clever uses of celebrities can be effective, the creative content of the ad is more important for driving positive responses from viewers than the celebrity endorsement alone. Employing celebrities also carries business risks if they become associated with scandals. The evidence suggests celebrities are not a simple or guaranteed way to improve ad effectiveness.
Law Enforcement Risks for Advertisers, Affiliates, NetworksAffiliate Summit
We will explore recent state/federal actions, assess legal exposure risks to advertisers, affiliates and networks, and discuss best practices for avoiding and dealing with unwanted regulatory scrutiny.
Marketing 101 Powerpoint North Denver Lds Groupseikotran
This document provides an overview of marketing strategies and tips for small businesses. It includes:
- Definitions of marketing and discusses how marketing has changed over time.
- Nine tips for effectively marketing a business, such as enhancing perceived value, limiting decision making, and demonstrating low product costs.
- Information on branding a business, including developing a memorable logo and understanding a brand's strengths.
- Tips for dealing with rejection when advertising and ensuring marketing messages are clear.
- Keys to successful print ads, such as focusing on visual elements and the target market.
- Discussion of calculating return on investment from advertising and finding value through branding collaborations.
- Next steps for evaluating past
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Partner Ben Anger discusses the latest developments and advanced strategies for PTAB practice, specifically focused on the petitioner side. Ben covers issues related to selecting the prior art, anticipation versus single-reference obviousness, motivation to combine, post-institution practice, and more.
Partners Susan Natland and Jessica Sganga discussed potential trademark and copyright issues in the emerging metaverse, including the surge in popularity of NFTs (non-fungible tokens) and how they may affect intellectual property protections. Get up-to-speed on the “hot” cases in this evolving area and get practical tips on how best to protect your intellectual property from infringement in this virtual space.
Speakers: Susan Natland, Jessica Sganga
Knobbe partners Jeff Van Hoosear (OC) Jason Jardine (SD) and associate Julia Hanson (SD) recently gave a presentation at San Diego Fashion week on intellectual property for designers and artists. The presentation explored what IP is, why it is important to designers, top 5 misconceptions, how to get a copyright, how to get a trademark and how to get a design patent.
Partner Mauricio Uribe continued the two-part, comprehensive discussion on responding to IP threats and assertions. The presentation focused on a more detailed exploration of the topic and strategic implications for various scenarios.
Speakers: Mauricio Uribe
This document discusses strategic considerations for intellectual property risk mitigation and responding to patent infringement threats and assertions. It provides an overview of types of patent infringement, including literal infringement which occurs when each element of a patented claim is identical in an allegedly infringing device or process. It also discusses doctrine of equivalents, contributory infringement, and induced infringement. The document outlines appropriate and limited defenses to patent infringement and notes statutes related to willfulness and enhanced damages. Factors courts consider for determining willfulness are also provided.
Partner Mauricio Uribe continued the two-part, comprehensive discussion on open-source software and third-party vendors. The presentation focused on a more detailed exploration of the topic and strategic implications for various scenarios.
Speakers: Mauricio Uribe
Partner Jason Gersting, Ph.D. moderated a panel of his peers in a discussion about learning how to identify the waves in current written description and enablement law and tips for smoothly riding them to expand, enhance and protect life sciences intellectual property rights. Panelists included Knobbe Martens partners Jessica Achtsam, Eric Furman, Ph.D., and Dan Altman.
Partner Mauricio Uribe kicked off a two-part, comprehensive discussion on open-source software and third-party vendors. The presentation served as an introduction to the topic and provided more general information.
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Partner Mauricio Uribe continued the two-part, comprehensive discussion on data privacy. The presentation focused on a more detailed exploration of the topic and strategic implications for various scenarios .
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Partners Mauricio Uribe and Vlad Lozan gave an informative presentation on design patent law in the United States. The partners provided best practices for filing and prosecuting design patents in the U.S. and techniques and strategies for including multiple design embodiments in design patent applications. They also discussed how to identify and protect visual elements in computer-related technologies and how to integrate design patents into a holistic intellectual property strategy.
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Partners Maria Stout and Paul Stellman kicked off a two-part, comprehensive discussion of strategic planning for capturing and protecting intellectual property. The presentation served as an introduction to the topic and provided more general information.
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The webinar covered strategic considerations for key terms in employee and vendor agreements regarding intellectual property and restrictive covenants. It discussed defining the scope of work and assignments of ownership for intellectual property created. Restrictive covenants like non-compete clauses, non-solicitation, anti-poaching, and confidentiality were also covered. The presentation addressed terms regarding the duration of the agreements and obligations after termination.
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From the NZ Wars to Liberals,
Richard Seddon, George Grey,
Social Laboratory, New Zealand,
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These slides walk through the story of 1 Samuel. Samuel is the last judge of Israel. The people reject God and want a king. Saul is anointed as the first king, but he is not a good king. David, the shepherd boy is anointed and Saul is envious of him. David shows honor while Saul continues to self destruct.
Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
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1. Swimming With Piranhas:
Hiring Competitor’s Top Talent & Being Fiercely
Competitive Without Exposing Your Company
Avoiding Trade Secret Misappropriation, False
Advertising & Unfair Competition Claims
January 23, 2013
Los Angeles, California
Moderator: Harrison Perla, Esq.
Panelists: Lynda Zadra-Symes, Jeff Van Hoosear,
Susan Natland and Diane Reed
@KnobbeMartens at Twitter
The recipient may only view this work. No other right or license is granted.
#IHCC12
#IHCC13 2013 ACC-SoCal In-House Counsel Conference
2. Insert
Sponsor
Logo
here
Swimming with Piranhas:
Avoiding False Advertising & Unfair
Competition Claims
2013 ACC-SoCal In-House Counsel Conference #IHCC13
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3. Insert
Sponsor
GOLDEN GLOW Sunscreen 2013
Logo
here Marketing Campaign
“The Set-Up” - Marketing Proposal:
– “Get tanner faster with no burn!” With picture of
bikini model throwing her bottle of Hawaiian Tan into
the trash)
– “Get 30% tanner with Golden Glow over the leading
sunscreen!”
– “#1 recommended sunscreen by dermatologist”
– “For a healthier looking tan!”
– “Get more. Use Less.”
– “Get more. Use 50% Less.”
2013 ACC-SoCal In-House Counsel Conference #IHCC13
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4. Insert
Sponsor
GOLDEN GLOW Sunscreen 2013
Logo
here Marketing Campaign
Comparison to competitors:
– Direct: “Get tanner faster with no burn!”
GET TANNER
FASTER WITH
NO BURN!
– Implied: “Get 30% tanner with GOLDEN GLOW over
the leading sunscreen!”
2013 ACC-SoCal In-House Counsel Conference #IHCC13
090701_‹#›
090701_29
29
5. Insert
Sponsor
GOLDEN GLOW Sunscreen 2013
Logo
here Marketing Campaign
General claims about GOLDEN GLOW product:
– “#1 recommended sunscreen by
dermatologist”
– “For a healthier looking tan!”
– “Get more. Use less.”
– “Get more. Use 50% less.”
2013 ACC-SoCal In-House Counsel Conference #IHCC13
090701_‹#›
090701_30
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6. Insert
Sponsor
Logo
here
False Advertising
2013 ACC-SoCal In-House Counsel Conference #IHCC13
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31
7. Insert
Sponsor
False Advertising – Federal
Logo
here Statutory Basis
Lanham Act Section 43(a)(1)(B):
“Any person who, on or in connection with any goods or
services, uses in commerce any false or misleading
representation of fact, which . . . in commercial
advertising or promotion, misrepresents the nature,
characteristics, qualities or geographic origin or his or
her or another person’s goods, services or commercial
activities.”
2013 ACC-SoCal In-House Counsel Conference #IHCC13
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8. Insert
Sponsor
False Advertising – Lanham Act
Logo
here Claim
Elements:
A false statement of fact by defendant in a commercial
advertisement about its own or another’s product;
The statement actually deceived or has a tendency to
deceive a substantial segment of the audience;
The deception is material;
Defendant caused its false statement to enter interstate
commerce; and
Plaintiff has been or will likely be injured as a result.
2013 ACC-SoCal In-House Counsel Conference #IHCC13
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9. Insert
Sponsor
False Advertising – Lanham Act
Logo
here Claim
Under Section 43(a) of the Lanham Act, a false
statement of fact occurs when the statement is
either:
Literally false; or
Literally true but likely to mislead or confuse
*HOWEVER, “puffery” (general, vague statements of
superiority understood as opinion and not facts) is
NOT actionable
2013 ACC-SoCal In-House Counsel Conference #IHCC13
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090701_34
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10. Insert
Sponsor
Logo False Advertising Statement
here
Literally false statements may be:
A statement that is or appears to be based on testing
(30% tanner)
A statement that is not based on testing but makes a
claim as to some specific or absolute characteristic
of the product (“#1 sunscreen recommended by
dermatologist” or “organic”)
Visual elements in the ad can change implication
2013 ACC-SoCal In-House Counsel Conference #IHCC13
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11. Insert
Sponsor
Logo False Advertising Statement
here
Proving that a statement is literally false:
If based on testing, the Plaintiff must
– Attack the validity of Defendant’s testing
directly:
Test not sufficiently reliable
Test did not support the claim or implication made
– Show the Defendant’s tests are contradicted by
other scientific tests
Rely on other testing
Conduct own testing
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12. Insert
Sponsor
Logo False Advertising Statement
here
Proving that a statement is literally false:
If NOT based on testing
– Need evidence to prove literally false
– Example: Ad showing orange squeezed
directly into orange juice carton was held to
be literally false
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13. Insert
Sponsor
Legal Analysis Of GOLDEN GLOW
Logo
here Campaign
Get tanner faster with no burn!
What does the ad imply?
Is the claim true?
Fact: Tests were conducted only on people with
olive skin over a 3 hour period in March:
– Does the data support the claim?
– Was the test appropriate? Is the testing faulty?
– Was the test sufficiently reliable?
– Does it help to qualify the claim?
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14. Insert
Sponsor
Legal Analysis Of GOLDEN GLOW
Logo
here Campaign
Plaintiff must produce evidence (survey, survey,
survey!) of the message consumers take from the
ad
Issue must be material (does it pertain to an
inherent quality or characteristic of the product or
service?)
Commercial advertising or promotion required
(this may not cover salespeople statements)
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15. Insert
Sponsor
Legal Analysis Of 2013 GOLDEN
Logo
here GLOW Campaign
“Get 30% tanner over the leading sunscreen!”
How do consumers interpret the advertisement?
Specific and measurable claim?
Is it true?
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16. Insert
Sponsor
Logo
here
Puffing
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17. Insert
Sponsor
Logo What Is Puffing?
here
General or vague claims of superiority understood
as opinions rather than factual representations
Exaggerated advertising
Blustering or boasting
No reasonable buyer would rely upon the claim
A subjective claim (puffery) is not actionable under
Lanham Act false advertising
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18. Insert
Sponsor
Legal Analysis of GOLDEN GLOW
Logo
here Campaign – Puffing?
“For a healthier looking tan!”
Specific or absolute characteristics?
Vague?
Highly subjective?
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19. Insert
Sponsor
Legal Analysis of GOLDEN GLOW
Logo
here Campaign – Puffing?
“Get More. Use Less.”
Vague?
Highly subjective?
Does it misdescribe specific or absolute
characteristics?
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20. Insert
Sponsor
Legal Analysis of GOLDEN GLOW
Logo
here Campaign – Puffing?
“Get more. Use 50% less.”
Specific?
Measurable claim of product superiority?
Apparently based on testing
Is there a comparison to a competitor’s
product? Which competitor?
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21. Insert
Sponsor
Logo Real World Example
here
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22. Insert
Sponsor
Logo Legal Analysis of Real World Example
here
Literally True:
Tester: “Ready to see the results. So that is the photo on your
iPhone 5.”
Male Diner: “a little dark”
Tester: “That’s the same photo on the Lumia 920. Big
difference right?”
Deceptive?
– Depends on testing methodology (was flash used for one
and not the other?)
– Appropriate qualifiers in the ad as to the “test”?
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23. Insert
Sponsor
Logo Legal Analysis of Real World Example
here
Puffing:
– “The thing that is most amazing about this
phone is the camera.”
– “The camera on this phone is better than the
camera on your phone [iPhone].”
– “The best camera phone ever built period . . .
takes beautiful photos in lowlight.”
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24. Insert
Sponsor
Logo Claims Under State Laws
here
Consider state laws – trademark infringement,
unfair competition and dilution
– Generally, the same analysis applies as that of
federal claims
– But may have additional requirements
Trade Libel (CA): the publication of a false
statement of fact that is an intentional
disparagement of the quality of the plaintiff’s
services or products, and the publication results in
pecuniary damages
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25. Other Avenues for Claims
PICTURE OF PUFFER FISH
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26. Insert
Sponsor
Logo Federal Trade Commission
here
16 C.F.R. Section 14.15(b)-(c):
“Commission policy in the area of comparative
advertising encourages the name of, or reference
to competitors, but requires clarity, and, if
necessary, disclosure, to avoid deception of the
consumer . . . ”
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27. Insert
Sponsor
Logo FTC
here
Prohibits false, unfair or deceptive advertising
Advertisement does not have to be literally false
An ad is considered deceptive if it contains a
misrepresentation or omission that is likely to
mislead consumers, and this deception is material
to the consumer’s choice
Competitor or consumers may notify FTC to induce
agency to take action
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28. Insert
Sponsor
Logo FTC
here
49 Fed. Reg. 30999 (Aug. 2, 1984):
– “As a matter of law, firms lacking a reasonable
basis before an ad is disseminated violate
section 5 of the FTC Act and are subject to
prosecution.”
Substantiation required for express and implied
claims
Pre-existing data necessary
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29. Insert
Sponsor
Logo FTC v. SKECHERS
here
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30. Insert
Sponsor
National Advertising Division
Logo
here (NAD)
Set up by the Council of Better Business Bureaus
Private, self-regulation of advertising industry
There can be no pending lawsuit or issued judicial order in
order to use this forum
Resolved in a matter of weeks, rather than months or years
Cheaper than litigation
“Appeal” process available to the advertiser
If the “infringing” advertiser does not comply with the NAD
recommendation, the NAD can submit to the FTC for review
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31. Insert
Sponsor
Other Federal Regulatory
Logo
here Agencies
Food and Drug Administration (FDA)
– food product labeling, prescription drugs and cigarettes
Securities and Exchange Commission (SEC)
– stocks, bonds and financial instruments
Department of Transportation (DOT)
– air carriers and travel agencies
Treasury Department (Bureau of Alcohol, Tobacco and
Firearms)
– alcoholic beverages
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32. Insert
Sponsor
Logo Dangers of Social Media
here
Statements made on Facebook, Twitter and other
social media forums could be considered false
advertising in certain situations
Adopt a specific and expansive Social Media
Policy
Educate your employees again and again
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33. Insert
Sponsor
Other Mitigation Strategies:
Logo
here Insurance
General business liability
Advertising injury coverage
– May cover defense of trademark infringement,
false advertising, product disparagement claims
Advertising nexus
Beware of exclusions!
Tender immediately
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34. Insert
Sponsor
Logo Take-Away Points
here
Understand all claims made by your
advertisement, both express and implied
Establish the veracity of all claims
Ensure substantiation of all claims is reliable
and appropriate
Plan ahead and have a “Plan B,” including
alternative ads if risk is unacceptable
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35. Insert
Sponsor
Logo Panelists
here
Moderator:
– Harrison Perla, Esq.
Harrison Perla, Director of Worldwide Legal Affairs at CEVA, Inc.
@HarrisonEsquire on Twitter
Presenters:
– Susan M. Natland, Esq. – Diane M. Reed, Esq.
Partner at Knobbe Martens Partner at Knobbe Martens
Susan.Natland@knobbe.com Diane.Reed@knobbe.com
– Lynda Zadra-Symes, Esq. – Jeff Van Hoosear, Esq.
Partner at Knobbe Martens Partner at Knobbe Martens
Lynda.Zadra-Symes@knobbe.com Jeff.VanHoosear@knobbe.com
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