American Conference Institute's 2nd Expert Forum on Litigating and Resolving Advertising Disputes
Companies are becoming more aggressive with their advertising, with the making of comparative claims now a common and critical component of many marketing strategies. This has resulted in a new, much more litigious environment, as evidenced by the increased number of cases being brought before the National Advertising Division (NAD), in the federal courts under the Lanham Act, and by the stepped-up regulatory scrutiny at the FTC. In response, industry counsel must be prepared both to bring, and to defend against, complaints and legal actions relating to the making of false or misleading advertising claims. It is necessary to become equipped to expertly weigh the different available options and forums when a dispute arises, to develop an effective strategy for protecting a client’s brand and/or high-stakes marketing campaigns.