False Advertising Claims in the US Under the Lanham Act
Competitors that engage in false advertising (about themselves or their competition) are subject to a Lanham Act claim in the United States.
To prevail on a false-advertising claim under the Lanham Act, a plaintiff must satisfy the following elements: (1) a false or misleading statement of fact; that is (2) used in a commercial advertisement or promotion; that (3) deceives or is likely to deceive in a material way; (4) in interstate commerce; and (5) has caused or is likely to cause competitive or commercial injury to the plaintiff.
I describe these elements in a new article on my law firm’s webpage, which you can access below.
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