False Advertising: The Theory of Necessary Implication and the Presumption that Runs with It

In writing this post, I had hoped to get back to basics and address the elements of a false advertising claim. But when doing so, the proverbial onion layers started to unravel—one of those layers being the theory of necessary implication, being a theory to prove falsities against a competitor under the Lanham Act. And … Continue reading False Advertising: The Theory of Necessary Implication and the Presumption that Runs with It

Michael Best Launches Best Patent Blog!

We are very excited to announce the launch of our new Best Patent Blog! "This blog will provide the “Best” updates and timely information on legal developments and issues related to patents – from prosecution to commercialization to litigation. Our authors will offer expert insights, guidance, and analyses to help individuals and businesses navigate the … Continue reading Michael Best Launches Best Patent Blog!

“Show-Me” the (Vegan) Meat! Missouri’s Foray into Meat Advertising Law

“I come from a state that raises corn and cotton and cockleburs,” Missouri Congressman Willard Duncan Vandiver told a U.S. Navy banquet in 1899. “[F]rothy eloquence neither convinces nor satisfies me. I am from Missouri. You have got to show me.” This is one of the sayings credited for making Missouri known as the “Show-Me” … Continue reading “Show-Me” the (Vegan) Meat! Missouri’s Foray into Meat Advertising Law

“Made in America” – Don’t Claim it Unless You Can Prove it

Consumers love to “buy American.”  It stands to reason, then, that consumer products companies love to market their products as “Made in America.” Recent settlements between the Federal Trade Commission (FTC) and three different companies illustrate the danger of advertising a product as American-made without proof that the product is, in fact, manufactured in America. … Continue reading “Made in America” – Don’t Claim it Unless You Can Prove it