'Lexmark' Redefines the False Advertising Landscape

Advertising Litigation Co-chair Norman C. Simon, associate Benjamin M. Arrow and Edward Kabak, chief legal officer of the Brand Activation Association, authored the article “‘Lexmark’ Redefines the False Advertising Landscape,” which appeared in the November 2, 2015, issue of the New York Law Journal. The authors examine several decisions that illustrate how Lanham Act jurisprudence has developed since the Supreme Court’s 2014 landmark decision in Lexmark Int’l v. Static Control Components.