When is an omission a false claim under the Lanham Act? When can you use a competitor's name in online keyword advertising? This timely and indispensable treatise covers everything from the procedures for challenging false advertising to the questions raised by the latest online techniques. It provides legal analysis as well as practical tools, such as checklists for claim substantiation, disclosure and disclaimers, and sweepstakes.
Topics covered include: statutes, regulations, and case law; industry rules such as television network and Children's Advertising Review Unit (CARU) guidelines; false advertising claims and defenses; consumer surveys; intellectual property infringement, fair use and trademark dilution; direct marketing, sweepstakes, and contests; keywords, pop-ups and other online ads; rules for special products and industries; pros and cons of litigation in various fora; remedies; and more.
This complete guide to legal risk will help advertisers and their counsel make sense of overlapping legal structures, anticipate problems, and handle the issues raised by all types of advertising.
David H. Bernstein is a litigation partner in the New York office of Debevoise & Plimpton LLP. He has handled a wide range of high profile intellectual property matters involving false advertising, trademark and trade dress infringement and dilution, Internet and domain name law, anti-counterfeiting, copyright infringement, right of publicity, misappropriation, trade secret and patent infringement matters. Mr. Bernstein is recognized as a leading intellectual property practitioner by such publications as the IFLR Benchmark Litigation Guide, Chambers USA and Legal 500 US. Mr. Bernstein is also an adjunct professor at George Washington University Law School where he teaches Advanced Trademark Law. He was formerly Counsel to the International Trademark Association (INTA) and currently chairs INT's U.S. Amicus Brief Subcommittee. He has written and lectured widely on IP law issues. Mr. Bernstein received his A.B. magna cum laude from PrincetonUniversity's Woodrow Wilson School of Public and International Affairs in 1985, his M.Sc. from the London School of Economics and Political Science in 1986, and his J.D. from Yale Law School in 1989. He served as Law Clerk to the Honorable Robert E. Keeton, US District Court for the District of Massachusetts, from 1989-1990.
Bruce P. Keller supervises the Intellectual Property Litigation practice at Debevoise & Plimpton LLP. His experience covers all areas of intellectual property and media law, including false advertising, unfair competition, right of publicity, trademark, copyright and sports related matters. He is consistently ranked as one of the nation's leading lawyers in these areas by a number of industry publications and, over the last 25 years, has successfully litigated a number of precedential advertising-related matters. In addition to maintaining a full-time litigation practice, Mr. Keller has taught at The Berkman Center for Internet and Society at Harvard Law School and, in May 2008, received the Berkman Award, the Center's highest honor, for his pro bono service as a lawyer, educator and co-director of the Centers clinical program. He has also been Counsel to the International Trademark Association (INTA). Mr. Keller received a B.S. from Cornell University in 1976 and his J.D. from Boston University in 1979.