False Advertising and Unfair Competition

The way competitors conduct business can significantly impact the ability to compete in the marketplace, especially when it involves confusion as to the source or branding of products.  When competitors overstep their bounds by engaging in false or misleading advertising to customers and potential customers, the goodwill, reputation and profits of a company can suffer significant harm.

We help our clients to combat false advertising and unfair competition tactics.  We also work closely with clients to ensure that they are carefully advertising themselves and engaging with others in compliance with federal and state statutes so as to avoid unnecessary disputes.

Apart from the federal Lanham Act, which offers protections against false advertising, each state has various forms of false advertising and unfair competition laws that companies must keep in mind when engaging in commerce, and we can help our clients in using these laws to their advantage.  A common misconception is that there must be an underlying patent or trademark in a claim of false advertising or unfair competition, but the law often protects against the misappropriation of the value of a company’s business even when traditional forms of intellectual property are not involved.  Therefore, we can help many clients who do not have patent or trademark protection.