Practice Area

False Advertising Claim

Federal Court · Fifth Circuit

Situation — How This Comes Up

My competitor is making false claims about their product in advertising and it is hurting my sales.

What You Need to Know First

False advertising under Lanham Act Section 43(a) allows a competitor to sue over literally false statements and, in some cases, misleading but technically true ones. Proving injury from the false statement is the hardest element.

Full Analysis

Lanham Act false advertising claims require proving the statement was false or misleading, material, placed in interstate commerce, and caused or was likely to cause competitive injury. Literally false statements do not require proof of actual deception.

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