Chambers and Partners released its first ever Pharmaceutical Advertising 2018 guide, authored by Proskauer partners Lawrence Weinstein and Alexander Kaplan with assistance from several litigation associates. The guide provides a comprehensive look at the laws and regulations governing pharmaceutical advertising in various markets, and provides important developments in the most
Lanham Act
Market Definition Failure Dooms Golf Caddies’ Antitrust Class Action Against PGA Tour
An antitrust class action lawsuit brought by golf caddies against the Professional Golf Association will not be afforded a mulligan after a federal district court dismissed their complaint with prejudice. A putative class of similarly-situated golf caddies sued PGA Tour, Inc. over the “bibs” that caddies wear during Tour-sponsored golf tournaments. Plaintiffs alleged that, by adopting and implementing a uniform policy that required caddies to wear a bib as a condition of their participation in a Tour event, the Tour violated the Sherman Act and the Lanham Act, misappropriated the caddies’ images and likenesses, breached its contracts with the caddies, was unjustly enriched, engaged in acts of duress and business compulsion, and violated California’s unfair competition law.