Challenging a Competitor's False Advertising Claim | Practical Law

Challenging a Competitor's False Advertising Claim | Practical Law

A Practice Note discussing considerations in challenging a competitor's false advertising claim. It discusses the preliminary steps necessary to investigate an advertising claim and various options for taking action, such as writing a demand letter, filing a challenge with the National Advertising Division (NAD), starting a network challenge, and suing under Section 43(a) of the Lanham Act. It includes a chart for comparing the different forums for taking formal action against a competitor.

Challenging a Competitor's False Advertising Claim

Practical Law Practice Note w-017-8996 (Approx. 11 pages)

Challenging a Competitor's False Advertising Claim

by Barry M. Benjamin, Kilpatrick Townsend & Stockton LLP, with Practical Law Commercial Transactions
MaintainedUSA (National/Federal)
A Practice Note discussing considerations in challenging a competitor's false advertising claim. It discusses the preliminary steps necessary to investigate an advertising claim and various options for taking action, such as writing a demand letter, filing a challenge with the National Advertising Division (NAD), starting a network challenge, and suing under Section 43(a) of the Lanham Act. It includes a chart for comparing the different forums for taking formal action against a competitor.