Survey Says: Who Cares? Consumer Surveys and Implied Claims

Norman C. Simon, litigation partner, Kramer Levin Naftalis & Frankel LLP, and Paul Franz, vice president and general counsel, global commerce, legal, The Procter & Gamble Company, discussed the impact of the emerging trend in the appellate courts on Lanham Act challenges, as well as recent developments in traditional survey evidence used in much of the false advertising litigations involving challenges to implied claims.