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Challenging Competitors' Comparative Advertising

January 12, 2012

Aggressive comparative advertising by competitors is on the rise, and if a competitor's ad campaign is false and deceptive, it has the potential to seriously damage a business' reputation and marketing efforts.

When competitor advertising crosses the line, several options are available for counsel to evaluate and potentially pursue. The particulars of each option and how they interact are crucial to determine the best path for the company.

One of the primary options is to bring claims for false advertising under the Lanham Act, but before filing suit, counsel must carefully evaluate all of the potential hurdles to winning such claims, while managing and protecting the company's brands - and the company's bottom line.

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