Arthur R. Lehman, L.L.C.

The basics of Lanham Act unfair competition claims

Unfair competition is a broad term. It is used in employment cases and in various kinds of business and commercial law claims. As a result, it is important to narrow one’s focus when speaking about unfair competition. For example, one kind of unfair competition claim involves prohibiting a business from advertising or otherwise promoting misleading or false representations of another business’s goods. When businesses become subject to these kinds of false or misleading claims, they can take action under the Lanham Act.

The Lanham Act is the legal foundation of such claims precisely because it is the piece of legislation that prohibits such false or misleading representations of any given product in the first place. If a business opts to make these kinds of representations in their advertising or promotion of their own goods and services, they may be held accountable for their actions under the Lanham Act.

When a business takes the time and effort to create, market and sell a product, the idea that another business would make false or misleading claims about the quality, nature or geographic origin of a product can be infuriating. Thankfully, an attorney can help the victimized business navigate the particulars of the Lanham Act and help to ensure that the situation is effectively remedied.

This particular course of action is generally advisable when a business advertises or promotes its product in such a way that its false or misleading statements give its product an unfair competitive edge. Without taking legal action, your business might not be able to get the offending business to stop making unfounded and illegal claims.

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