Practice Areas

false advertising

All of us are used to salesmanship and even boasting in the course of commerce, as people and firms vie for our attention and our business, but sometimes the line is crossed, and claims for the characteristics or benefits of a product or service can then constitute “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.

As you can see, false advertising is a sometimes-murky field. But we have decades of experience counseling clients in this area; we can help keep you on the right side of the line.

On the other hand, 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. Don’t you want our experience and clear vision on your side in this field?

Isn’t it time to find out what we can do for you?

Amster Rothstein & Ebenstein, LLP - Intellectual Property Law

Practice Areas

false advertising

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