Trademark - False Advertising
Helping you compete
If a client’s brand, goodwill, or standing in the marketplace is threatened by false statements or deceptive advertising, an immediate response is often required. Finnegan has successfully achieved swift resolutions, including restraining orders, for our clients. We are well versed with the Lanham Act and understand the nuances of litigating claims involving false claims and deceptive practices that threaten or cause consumer confusion.
Strong cases built with a strong foundation of technical and legal expertise
When confronted with false and deceptive advertising claims, you need a seasoned litigation team with deep knowledge of both the technology at issue and the law to bring a multifaceted and strategic approach to the dispute. Proving that an advertisement is false often requires two levels of expertise—technical proficiency to establish the truth or falsity of the statement, and experience with surveys to measure the impact on consumers. Finnegan is uniquely qualified to handle both of these areas. Nearly 100 of our lawyers, student associates, and technical specialists hold Ph.D.’s, and 400 of our professionals have undergraduate degrees in scientific fields. Our international network of resources, combined with our technical backgrounds, enable us to identify and retain the world’s leading technical experts and partner with them to assess advertising claims, scientific test methods, and statistical analyses.
We are equally adept at coordinating the survey evidence needed to prove a client’s case. For many years, we have worked with numerous consumer survey experts to develop and utilize evidence on a wide range of issues, including likelihood of confusion, likelihood of dilution, genericness, secondary meaning, fame, and, of course, the truth or falsity of advertising. Finnegan also makes strategic use of other experts in areas such as linguistics, marketing, consumer psychology, industry practices, statistics, and damages. As a result, we have the experience to select and prepare witnesses who provide accurate, credible, and understandable testimony on even complex technical issues.
Advertising claims are only one piece of your intellectual property puzzle
Finnegan’s experience in all areas of IP law, including trademark, copyright, unfair competition, trade secrets, and utility and design patents, enables us to form complementary strategies to best protect your company’s products on many fronts. False advertising claims are often simultaneously litigated with trademarks or design patents, and our trial lawyers draw on decades of experience in all of these IP areas to collectively protect our clients’ interests.
At Finnegan, we understand that victory comes through many channels and in many forms. With more than 300 litigators, we are fully prepared and qualified to litigate through trial and appeal. But our ability to obtain successful results on early motions or in arbitrations and settlement negotiations means we often resolve cases long before trial and at considerable savings to clients. Simply stated, a successful litigation outcome is one that meets your business goals in the most cost efficient manner possible.