Wiley Rein has represented many clients in courts throughout the United States in numerous false advertising and trademark cases. Specifically, the firm has represented AMF, Beatrice, Dial, Hormel, Kohler, and Nestle in Lanham Act proceedings. For example, we successfully defended Hormel against charges that ConAgra's Healthy Choice® mark had been infringed, ConAgra v. Hormel, 990 F.2d 368 (8th Cir. 1993), and Karyn K. Ablin successfully defended Kohler in a leading Lanham Act trademark case. I.P. Lund Trading ApS v. Kohler Co., 163 F.3d 27 (1st Cir. 1998); 118 F. Supp. 2d 92 (D. Mass 2000).
In the area of false advertising, federal courts have increasingly held advertising agencies liable for large monetary damages. Similarly, in right-of-publicity cases, large monetary damages were assessed against advertising agencies in cases brought by television personality Vanna White and singer Tom Waits.
Wiley Rein attorneys also represent clients in proceedings against network advertising. Each of the four major television networks—ABC, CBS, FOX, and NBC—require advertisers to have in hand adequate substantiation for advertising claims made in proposed commercials and set out procedures for companies challenging competitors' advertising.
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