Wiley Rein LLP


Advertising | LANHAM ACT AND FALSE ADVERTISING

Wiley Rein has represented many clients in courts throughout the United States in numerous false advertising and trademark cases.  Specifically, Hugh Latimer has represented AMF, Beatrice, Dial, Hormel, Kohler and Nestle in Lanham Act proceedings.  For example, Mr. Latimer 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 he, together with 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 personalities Vanna White and singer Tom Waits.  Wiley Rein partner Hugh Latimer has extensive experience in right-of-publicity matters.

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.

Contact Us
Hugh Latimer
202.719.4989 | hlatimer@wileyrein.com




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