Areas

False Advertising and Unfair Competition

Representative Results

The Federal Lanham Act Prohibits False Advertising
and other acts of Unfair Competition

The federal Lanham Act prohibits any person from using, in commercial advertising or promotion, any false or misleading description or representation of fact in connection with its goods or those of another. The law prevents the use of advertising to make misleading claims about the nature, qualities, or geographic origin of the products of the advertiser or the advertiser's competitors. If your competitor makes misleading comparisons between your products, you can obtain relief from the courts. Also, if your competitor makes false statements about its products that would give it an unfair competitive advantage, such as unfounded environmental benefit claims, you can force your competitor to stop making such unfounded claims.

In addition, the Lanham Act prohibits the use of descriptions and packaging that lead to confusion of the origin or sponsorship of products or services. A manufacturer of a new product cannot give its product the same look and feel as that of an established competitive product; the purchasing public might be confused and believe that the new product was made by the established manufacturer or that there was some other relationship between them.

From our office in New York City, we have represented clients who have been damaged by acts of false advertising and unfair competition and have successfully obtained relief through the courts and through negotiated settlements in which the offensive product design and advertising were modified to our clients' satisfaction.

If you have been accused of false advertising or suspect that a competitor is advertising using an unsupported claim, contact us. We will put our knowledge and experience to work for you.