Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

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False Advertising

Competitors aggressively vie for the attention and business of customers. We have all encountered salesmanship and even boastful exaggeration. But sometimes the line is crossed into the realm of “false advertising.”

Factually false claims are the clearest example: Claiming that a medicine contains ingredients it does not, or that a cheap woolen sweater is “100% finest cashmere.”

Other claims are closer to the line, however, such as a satellite TV provider claiming that its HDTV signal provides “an HDTV picture that can’t be beat.” When the competing cable company sued, the satellite TV provider defended its claim by pointing out that, read literally, it was merely asserting that no competitor provided a clearer signal. But once the cable company demonstrated that all HDTV signals are of equal quality, the satellite TV provider’s ads were enjoined.

False advertising can sometimes be a difficult field to navigate. We have decades of experience counseling clients in this area, and we can help keep you on the right side of the line.

If your firm is accused of false advertising, or you believe a competitor is engaging in it and you want to challenge them, we also have decades of experience litigating these matters. You want our experience and clear vision on your side in this field.

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