Proportionality: The (Not So) New Kid on the Block
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Lanham Act Section 43(a)Our Intellectual Property attorneys have engaged in substantial litigation, and have provided substantial prelitigation preventive and enforcement advice, with respect to Section 43(a) of the Lanham Act. We have prosecuted and defended numerous major actions under Section 43(a) concerning false advertising involving telecommunications, consumer products, drugs, food, software, cosmetics, alcoholic beverages and other products. In the course of these cases, the firm's attorneys have acquired significant experience in analysis of substantive issues, such as clinical test methodology, as well as the use of survey research with respect to the issue of implied claims. In addition, our litigators have handled cases under Section 43(a) concerning false designation of origin, and counterfeiting and false advertising, and have worked with survey experts concerning the issues of likelihood of confusion and secondary meaning.
Proceedings Before the International Trade CommissionDepartment members have litigated disputes on behalf of clients under Section 337 of the Tariff Act of 1930, which enables U.S. industries to obtain relief from “unfair acts” in importation. These “unfair acts” can involve patent, trademark and copyright infringement, misappropriation of trade secrets, antitrust violations, and unfair competition claims. Section 337 proceedings before the International Trade Commission are unusual in that they ordinarily are completed within one year and hence require litigation expertise and a full-scale commitment of litigation resources.
Common Law Unfair CompetitionKramer Levin has experience with the full range of common law unfair competition claims. We use this knowledge to counsel clients in advance of litigation on how to prosecute, as well as defend, unfair competition claims. The firm has creatively used the breadth of the common law unfair competition cause of action to develop claims on behalf of plaintiffs and in counterclaims on behalf of defendants.
State Statutory Unfair Competition, False Advertising and Other Related MattersThe firm has a nationwide Litigation practice that has resulted in a familiarity with unfair competition laws in various states other than New York. Department attorneys use this expertise to counsel clients and to prosecute and defend lawsuits brought under these statutes.