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Commercial Speech and Private Rights
The Tension Between the First Amendment
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2d Cir 9th Cir actual advertising claims alleged applied Attorney automotive repair award biodegradable Business and Professions California cause of action Central Hudson test cert Chrestensen class action class members client commercial speech common law comparative advertising competitors confusion constitutional contest Corp court held damages deceptive defendant defendant's endorsement environmental advertising environmental attributes F.Supp false advertising false or misleading federal Federal Trade Commission fraud Group of America implied infringement injunction interest issue Johnson & Johnson label Lanham Act Legal department legislature liability magazine manufacturers marketing means noncommercial speech ozone friendly parody Perrier Water person photodegradable plaintiffs product or service Professions Code prohibited purchase question racketeering activity reasonable recycled regulation remedy representations require restrictions RICO right of publicity Rptr Sears Section 43(a standard statements statute statutory substantial summary judgment Supp supra Supreme Court survey testimonial trade dress trademark Vanna White violation warranty