Tag Archives: disparagement

Advertising can take many forms, including statements about a company’s products on websites and social media platforms. A wrong step can result in serious consequences, including legal challenges from competitors, consumers, the Federal Trade Commission, and other regulatory agencies.

Watch this webinar to learn how you can protect your company against legal challenges based on its advertising practices. You will also learn what options are available if your competitors are making false or misleading statements in their advertisements.… More

2016 is now in the rear view mirror. At the beginning of a new year, we often take a moment to reflect on the past year, while setting goals for the present.  It’s a time to say, “Last year had its ups and downs, but this year I’m going to . . .”  There are so many choices; what will 2017 hold? Between this article’s two authors,… More

Like claims for defamation or commercial disparagement, Lanham Act claims are viable only if they  involve statements of fact, rather than opinion.  But what happens if an advertising statement concerns an issue that is a matter of scientific debate?  Does that make the statement an opinion, and therefore non-actionable?  The answer, of course, is “it depends” — as illustrated by a recent Fifth Circuit case, and how it distinguished itself from a Second Circuit case with a different outcome.… More