Roger A. Colaizzi

Latest Articles

This week we are planning to post a series of blogs looking at NAD procedural issues.  For advertisers, how NAD works can sometimes be as important as what NAD decides.  This first posting, however, pertains to the intersection between the NAD and the federal courts.  The evidentiary value of an opinion by an advertising self-regulatory body like the NAD is an issue that has received relatively little attention.  Although NAD is designed to adjudicate advertising…
The Supreme Court announced on Monday that next term it will consider what is required to establish standing to sue for false advertising under Section 43(a)(1)(B) of the Lanham Act.  Section 43(a), on its face, creates a cause of action for “any person who believes that he or she is or is likely to be damaged.”  The courts, however, have traditionally interpreted this language narrowly to provide standing only for business entities facing commercial or…
Though the holiday gift-giving battle between Apple’s iPad and Amazon’s Kindle may have quieted recently, the ongoing legal war between the two technology giants continues. Last week, Amazon.com Inc. scored an opening round victory when a California federal judge granted its motion for partial summary judgment, dismissing Apple’s false advertising claim against the online retailer. Amazon launched its “Appstore” in March 2011 to offer downloads for use on the Android smartphone platform. Apple brought suit…