9 Questions to Ask in Suing a Rival for False Advertising

more+
less-

Advertising is a key ingredient to most companies’ success. Potent advertising can give a rising company a lift and an established business staying power. When deployed by a competitor, advertising can threaten a rival's reputation, market share and bottom line. But when a competitor's advertising verges from truth to falsehood, marketing personnel and executives are likely to ask: "Should we sue those shame- less liars for false advertising?" Here are nine key factors to consider in answering that question.

1. Does The Claim Cut To The Core? -

An important strategic consideration is whether the claim at issue is critical to the competitor's product or campaign. If so, a successful challenge can fundamentally affect the marketplace. For instance, "Breath Assure" (a breath freshener) and "Ricelyte" (an infant oral electrolyte solution) both owe their demise to successful false advertising actions that took direct aim at the product names.

Originally published in Corporate Counsel on November 14, 2013.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Patterson Belknap Webb & Tyler LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×