Lanham Act False Advertising Puffery
Leighton you are about to enter a discussion involving over the top sales pitches for pasta pizza killer bee movies and roach bait all of which were challenged in false advertising cases brought under section 43a of the lanham act.
Lanham act false advertising puffery. Surveys dictionaries judicial edicts and materiality tests by richard j. A lanham act claim plaintiff may seek an injunction against the false or misleading advertising monetary damages and in some cases attorneys fees. Although the lanham act is often known as a trademark statute it also protects businesses against the unfair competition of misleading advertising or labeling. False and misleading advertising under federal unfair competition law lanham act introduction here is a blog discussing the federal lanham act and how it creates a cause of action for false and misleading advertising and also false association by competitors.
However where the claim at issue is literally false or false by necessary implication the courts will presume the claim is material. 2 furthermore the federal trade commission ftc and the national advertising division nad of the council of better business bureaus also provide guidelines for what companies may include within their marketing schemes. Under the lanham act a plaintiff must prove that the false claim is a material one that is one that is likely to affect consumer purchasing decisions. Making puffery determinations in lanham act false advertising cases.
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