Navigating the Lanham Act Litigation Frontier— Determining When to Bring Claims; Fighting for an Injunction; Obtaining Proper Relief
John G. Froemming
Partner
Jones Day LLP
Christopher A. Cole
Partner
Crowell & Moring
- Evaluating threshold considerations
- Weighing the chances of success against potential public relations fallout
- Evaluating the effect of any delay in bringing a claim
- Planning out what evidence will be necessary to:
- Prove or defend against a claim of confusion or falsity
- Demonstrate financial harm or damages
- Determining where to file
- Obtaining a preliminary injunction
- What constitutes proof of irreparable harm?
- Survey of decisions in which relief has been granted
- Streamlining discovery to lower costs and the burden on counsel
- Demonstrating actual or likely damages
- Effectively arguing for powerful relief from the court
- Banning of the challenged and similar advertising, and countering mootness arguments
- Requiring corrective advertising
- Instituting product recalls
- Disgorging profits
- Obtaining compensation for lost profits
- Examining circumstances in which attorneys’ fees have been awarded
- Discussing the potential impact of the Supreme Court decision in POM Wonderful v. Coca-Cola
- Evaluating whether the scope of potential competitor litigants has been expanded and to what extent the decision impacts other industries
- Analyzing the intersection of FDA labeling requirements, Lanham Act litigation, and consumer class actions
- Avoiding post-Lanham litigation class actions