Legal Clearance of Advertising Claims
Ethan Horwitz of Goodwin Procter LLP
Clearing advertising claims seems like an easy process. All you have to do is look at the claims made in an advertisement and make sure they are true. However, in practice, this is not as easy as it looks. It often involves reviewing consumer studies, technical data and sometimes even constructing scientific tests.
Lanham Act--False Advertising
William F. Frey of Honigman Miller Schwartz and Cohn LLP
Plaintiff brought an action against a competitor for false advertising under ?43(a) of the Lanham Act, 15 U.S.C. ?1.
Know the Facts When Going After Competitor With Similar Slogans
Scott D. Marrs of Beirne, Maynard & Parsons, L.L.P.
Under the Lanham Act, Federal Trade Commission and many states' statutes, an advertiser must substantiate its claims. Industry or proprietary research or testing is generally used to determine whether a particular claim is substantiated, although courts will look to the overall impression the advertising or marketing conveys to the consumer.
"Ours Works Better": Use Of A Competitor's Trademark In Advertising
Joy J. Wildes and Brooke Erdos Singer of Davis & Gilbert LLP
Using a competitor's trademark in your company's advertising can be a highly effective positioning tool and may lead to significant economic gains. Under certain conditions, use of a competitor's trademark in your advertising is legal in the United States. This type of use can showcase specific strengths or features of your company's products or services, in direct relation to those of your competitor.
Rules of Origin
Margaret M. Gatti of Gatti & Associates
(Article appeared in the 1999 Custom House Guide) All Rights Reserved The phrase "rules of origin" is comprised.
Beware: Old Sweepstakes Laws Are Getting Renewed Attention!
Jamie Rubin and Justine Young Gottshall of Wildman, Harrold, Allen & Dixon LLP
It's time to brush up on your sweepstakes laws! Three recent actions have placed sweepstakes in the spotlight. While the actions described below focus on the adequacy of "no purchase necessary" and the sufficiency of sweepstakes disclaimers, there appears to be a significant trend of looking closely at sweepstakes. Accordingly, sweepstakes sponsors will want to ensure that all of their promotions comply fully with the various state and federal laws governing sweepstakes and the advertising of these promotions.
Federal Trade Commission Guides Against Deceptive Advertising
Federal Trade Commission
Federal Trade Commission Guide for businesses regarding deceptive advertising in discount price comparisons.
Sponsorship Deals Should Be Sealed With More Than A Handshake
Popham, Bloomquist, and Halper, P.A.
Sponsorship deals are becoming more commonplace in the Equine Sports arena. Even so, we have a long way to go when .
Screening Advertisements A Guide for the Media
Federal Trade Commission
Guide prepared by the Federal Trade Commission which identifies the most common types of deceptions found in ads for get-rich-quick schemes, weight loss fraud, health fraud, credit repair and loan scams, travel fraud and product misrepresentations.