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Life Sciences - Trademark, False Advertising & Consumer Fraud

Kaye Scholer has litigated major consumer fraud, trademark, trade dress, counterfeiting, cybersquatting, false advertising and unfair competition cases for leading life sciences companies.

Our lawyers have the experience and skills to efficiently handle each of these types of cases and have the demonstrated ability to:

  • quickly and efficiently prepare TRO and preliminary injunction papers and conduct expedited discovery in trademark infringement, false advertising and other matters;

  • understand and present complex scientific evidence relating to false advertising and other claims;

  • devise and conduct sophisticated, aggressive and novel defenses to putative consumer class actions; and

  • provide informed advice regarding the substantiation of proposed advertising claims, the clearance of proposed trademarks, and the defensibility of potential and actual intellectual property claims.

We have extensive experience in defending putative class actions in state and federal court in which consumers assert violation of consumer fraud and deceptive trade practices acts but do not allege that they suffered any personal or property damage.

Trademark and Trade Dress

We counsel and represent life sciences clients in litigation and in practice before the U.S. Patent & Trademark Office’s Trademark Trial and Appeal Board and the European Community’s Office for Harmonization in the Internal Market. We regularly counsel, and police infringement for life sciences companies with respect to their key trademarks.

False Advertising

Our lawyers have successfully litigated many false advertising and unfair and deceptive trade practices cases in federal and state court and before the National Advertising Division of the Council of Better Business Bureaus, and we routinely advise life sciences clients on proposed advertising, substantiation of advertising claims, and related matters.

Consumer Fraud and Deceptive Trade Practices Putative Class Actions

In the over 35 putative class actions we have handled, we defeated class certification at the trial level or on appeal, or obtained summary judgment or dismissal, in all but one case (a putative nationwide class action in state court in Madison County, Illinois, which we creatively settled on a state-wide only basis).

In the Market