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Insurance Coverage for False Advertising Claims
Section 43(a) of the Lanham Act, a federal trademark statute, establishes a cause of action for false advertising and provides that any person who “uses in commerce any ' false or misleading description of fact, or false or misleading representation of fact, which in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities” shall be liable to any person who believes that he or she is or is likely to be damaged by such act. See 15 U.S.C. ' 1125(a). A plaintiff who prevails on a Lanham Act false advertising claim can obtain relief that may deal a mortal blow to the defendant's product or product lines ' the court can issue an injunction barring the challenged advertisements, it can order corrective advertising or even a product recall if the false advertising is on the product's packaging and labeling. Additional remedies under the Lanham Act include damages, attorneys' fees, and any equitable remedy that the court determines would fairly compensate the plaintiff. Not only can the verdict in a false advertising suit have devastating consequences in terms of injunctions and monetary damages, the litigation process itself is so costly that it can be equally onerous.
An often-ignored component in the cost matrix for the defense of these claims is the availability of insurance coverage. Insurers generally contend that no coverage exists because their policies do not cover business risks such as “false advertising,” and even if the possibility of coverage exists, one or more of the policy exclusions eviscerates coverage. All too often companies accept the insurer's position at face value and fail to explore coverage further. This is a costly mistake, as courts have often found coverage for these types of claims.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.