Overview
Our attorneys include former Federal Trade Commission, Department of Justice, and state government lawyers who thoroughly understand state and federal advertising and product promotion laws and can advise clients on avoiding expensive government enforcement actions. We have counseled clients on compliance with online advertising and telemarketing rules and regulations, the Federal Trade Commission Act, the environmental advertising regulations (the “Green Guides”), the Made in USA Labeling Rule, federal laws and regulation specifically governing the advertising and labeling of jewelry, textiles, leather, fur, and other products, and state and federal sweepstakes and contest laws. Maynard Nexsen regularly represents clients in civil and criminal actions brought by the United States and its agencies.
We have also defended clients in private litigation brought by individuals on behalf of themselves and putative class action representatives alleging fraudulent or deceptive misrepresentations in advertising.
Representative Experience:
- Defended manufacturer in the Eastern District of Michigan against Lanham Act claims related to the use of images on product packaging. Obtained summary dismissal of all claims
- Obtained permanent injunctions and favorable settlement for Campbell Soup in action seeking injunctive relief and damages for trademark infringement and common-law torts stemming from Defendants’ alleged illicit scheme to divert unsalable food products for unauthorized distribution.
- Represented car manufacturer in class action brought by consumers alleging false representations.
- Obtained order compelling arbitration as to individual consumer fraud claims of named plaintiffs in purported class action.
- Successfully upheld dismissal of action alleging violations of Lanham Act, RICO, and Sherman Act.
- Represented an FDA-regulated medical device manufacturer in a false advertising lawsuit brought against a competitor marketing an unregulated device with false claims. Case settled favorably before scheduled trial in the Northern District of California.
- Successfully defended trademark infringement claim asserted by owner of the mark EVIDENT for dental lab software against user of the mark EVIDENT for electronic health records software obtaining jury verdict of no infringement.
- Obtained favorable outcome on behalf of trademark infringement defendant whereby defendant was allowed to continue using allegedly infringing mark without payment to plaintiff.
- Defended Berkshire Hathaway subsidiary in Lanham Act case where home builder True Homes, LLC alleged that defendant infringed on its mark TRUE HOMES through the use of the marks TRU and TRU HOMES. After week- long jury trial, the jury returned a complete defense verdict for our client.
- Prevailed in domain name dispute arbitration against political organization that impersonated the U.S. Chamber of Commerce at a mock press conference and referred the press to a spoof website.
- Reviewed packaging for manufacturer of consumer goods to ensure the statements on the packaging complied with the Federal Trade Commission Act and the FTC’s Green Guides.
- Advised manufacturer on compliance with the FTC’s Made-in-USA Rule.
- Revamped for-profit university’s website and advertising campaigns in response to FTC Notice of Penalty, in order to avoid potential liability of tens of millions of dollars.
- Advised an automobile manufacturer with respect to compliance with California and Tennessee laws implicated by the auction sale of an antique collector vehicle as part of a dealership contest and promotion to raise money for charity.
- Worked with state attorney general offices around the country regarding advertising and promotion law for the largest wholesale and retail fireworks company in the USA.
- Advised clients on gift cards/ electronic gift cards with the CARD Act and other state laws throughout the country, including California and Virginia.
