Advertising that is false or which has a tendency to deceive its audience can be actionable. False advertising injures the marketplace, both for competitors and consumers, by allowing one purveyor of goods or services to profit unjustly. Competitors can be injured in the marketplace when customers purchase goods or services in reliance on the false advertising. Consumers may be injured when they spend money on a good or service that they would not have but for the false advertising.
Successful false advertising litigation requires a comprehensive understanding of the intricacies of the law, given the many ambiguities that exist in this legal area. Our lawyers have represented both plaintiffs and defendants in false advertising cases and are intimately familiar with the strategies for handling these cases. They have also represented clients in false advertising litigation both at jury trial and bench trial, as well as advising advertisers on the content of their advertising even before they publish.
our RECENT victories
TRADEMARK INFRINGEMENT AND FALSE ADVERTISING: COMPLETE VICTORY
Client was served with a
complaint and a motion for a temporary restraining order
at approximately 5:00 p.m. Opposition papers were
due 8:00 a.m. the following morning. Alleging
trademark infringement and false advertising, the
plaintiff demanded that the client immediately dismantle
a $20 million nationwide advertising campaign that
included television, radio, and billboard
advertisements, as well as 20,000 taxi-top displays.
INFRINGEMENT AND FALSE ADVERTISING: COMPLETE
Represented one of the world's largest software manufacturers in multiple suits for trademark infringement and false advertising brought by H&R Block. The suits included extraordinarily accelerated time-tables, beginning with proceedings for a temporary restraining order and a permanent injunction. One such suit resulted in an unprecedented reversal of a temporary restraining order by the Eighth Circuit Court of Appeals in only five hours. Each suit settled on extremely favorable terms for the client.