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• Know the Facts When Going After Competitor With Similar Slogans ( November 2003 )
  

  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 ( December 2004 )
  

  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.

• Beware: Old Sweepstakes Laws Are Getting Renewed Attention! ( September 2004 )
  

  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.

• Two Courts Recognize Actionable Trademark Infringement Through Keyword Advertising ( January 2004 )
  

  Fresh on the heals of two rulings that trademark owners are not likely to prove infringement by software programs that place pop-up advertisements of unrelated companies over the trademark owners’ websites in response to searches for keywords consisting of the plaintiffs’ trademarks, two other courts have changed direction and recognized that keyword advertising practices may lead to actionable infringement.

• Legal Clearance of Advertising Claims ( March 2003 )
  

  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.

• Third Circuit Holds That Burden Is On Advertiser To Prove Truth Of "Completely Unsubstantiated" Advertising Claims ( June 2002 )
  

  Adding a new twist to false advertising law under the Lanham Act, the Third Circuit recently held that a "completely unsubstantiated" advertising claim is per se false and that, in order to prevail with respect to such a claim under Section 43(a) of the Lanham Act, a plaintiff need not come forward with affirmative evidence of the claim's falsity.

• Rules of Origin ( July 1999 )
  

  (Article appeared in the 1999 Custom House Guide) All Rights Reserved The phrase "rules of origin" is comprised.

• Sponsorship Deals Should Be Sealed With More Than A Handshake ( July 1999 )
  

  Sponsorship deals are becoming more commonplace in the Equine Sports arena. Even so, we have a long way to go when .