“Nine Key Questions About Lanham Act False Advertising Suits,” written by Litigation partners Harold P. Weinberger and Jonathan M. Wagner and associate Tobias B. Jacoby, was published by Corporate Counsel on its website. The Lanham Act is an effective tool for an aggrieved company to fight false advertising claims, and the authors address the basic knowledge that corporate counsel should have concerning false advertising suits under the Act.
They answer basic questions:
Who can be sued for false advertising under the Lanham Act?
What counts as “advertising”?
Must the advertising make a comparison to my company’s product or service?
What if my competitor’s advertising is literally true but is nevertheless misleading?
What is a Lanham Act plaintiff’s burden of proof?
What remedies can I obtain under the Lanham Act?