Judge Rakoff Criticizes 'Peculiarities' Of The Lanham Act

Law360, New York (September 30, 2013, 7:20 PM EDT) -- U.S. District Judge Jed Rakoff on Monday told a group of advertising attorneys that the Lanham Act, the basis for many false advertising cases, is full of “peculiarities” that result in many time-consuming, unnecessary hearings, expense to litigants, and counterproductive legal complexities.

Speaking at the National Advertising Division’s annual conference in New York City, Rakoff compared the Lanham Act to the Securities Exchange Act — which governs securities fraud cases — saying both laws are designed to prevent false and misleading statements but that securities laws...
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