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March 6th, 2024
Frankfurt Kurnit Client Northwell Health Gets Big Win in Battle with NYU Langone Health System
In a battle between two of the largest healthcare systems in the New York metropolitan area, a New York federal court on March 1st handed an early win to Frankfurt Kurnit client Northwell Health. NYU Langone Health System (“NYU Langone”) sued Northwell Health alleging false advertising and trade dress infringement (i.e., infringement of the overall design and appearance of NYU Langone’s advertisements)—under state and federal law.
A Northwell Health ad stated that Northwell’s Lenox Hill Hospital “is NYC’s only hospital in the Nation’s Top 50” and “offer[s] the best care in Manhattan.” The ad was based on rankings from Healthgrades. NYU Langone alleged this was false advertising because U.S. News & World Report ranked NYU Langone “#1 in its own publication.
The court dismissed the state and federal false advertising claims with prejudice, crediting our arguments and holding that Northwell Health’s “only hospital in the Nation’s Top 50” claim was not false or misleading because 1) Northwell Health cited the Healthgrades rating in its advertisement; and 2) the complaint did not allege sufficient facts to support the conclusion that consumers were misled or confused by the advertisement.
The court also dismissed NYU Langone’s trade dress claims—agreeing with our arguments that NYU Langone’s allegations about fonts, colors and headline styles “encompasse[d] such a wide variety of features that it would be difficult for competitors to know whether their advertisement falls within the trade dress.”
Trademark & Brand Management Group Co-Chair Kimberly M. Maynard led the Frankfurt Kurnit team, which also includes Edward Rosenthal, Amanda Barkin, Chessie da Parma, Jodie Koo, and Casey Ort.
You can read the decision here.
Other Press Releases
Frankfurt Kurnit Adds Litigation Partner Jacqueline Charlesworth in Los Angeles
Frankfurt Kurnit has added Jacqueline Charlesworth as a partner in the firm's Litigation Group. Read more.
September 4 2024
Frankfurt Kurnit Partner Ron Minkoff Receives APRL Kettlewell Award
(Chicago, IL) Frankfurt Kurnit Klein & Selz litigation partner and chair of the firm’s Professional Responsibility Group, Ronald C. Minkoff, was honored by the Association of Professional Responsibility Lawyers (APRL) with the Charles W. Kettlewell Award. Read more.
August 5 2024
Frankfurt Kurnit Partners with the Entertainment Software Rating Board’s Privacy Certified Program
Frankfurt Kurnit is pleased to announce that its Interactive Entertainment and Data Strategy, Privacy & Security Groups are partnering with the Entertainment Software Rating Board (ESRB) to enhance cooperation between ESRB’s Privacy Certified program and the firm. ESRB Privacy Certified assists companies in the video game and toy industries in implementing and maintaining lawful, transparent, and responsible data collection and privacy policies, as well as practices for the collection, use, and disclosure of personal information and data. In 2001, the Federal Trade Commission approved ESRB Privacy Certified to serve as one of six Safe Harbor programs, overseeing its members’ compliance with the Children’s Online Privacy Protection Act. Read more.
April 1 2024
