Lanham Act/Competitor Challenges to Advertising
Arnold & Porter has extensive experience with both making and defending against competitor challenges. We deal with competitor false advertising challenges in federal court under the Lanham Act, as well as with matters that fall under the general purview of unfair or deceptive trade practices. Our litigators frequently partner with the firm's advertising specialists to offer a comprehensive representation for our clients. The depth and breadth of our practice positions the firm to respond to demands of accelerated litigation that characterizes false advertising cases; develop Daubert-proof evidence of consumer perception and consumer decision-making; work with scientific and technical experts to evaluate substantive advertising claims; and aggressively defend our clients' advertising claims and attack deceptive advertising claims made by our clients' competitors.
Sometimes challenges are fought out in a self-regulatory forum such as that provided by the National Advertising Division (NAD) of the Council of Better Business Bureaus. Our lawyers have appeared before the NAD and on NAD panels and have counseled clients on the pros and cons of NAD challenges versus litigation in court. We regularly work with the top consumer survey experts who are called upon to analyze and elaborate on consumer perceptions.