False Advertising Challenges | Practical Law The Journal | Reuters

Contributing sentiments towards policy:

57% : Even if the internal evaluation results in a decision to take action, individuals outside the company may have a different view of the significance of the competitor advertising at issue.
53% : The company may consider altering its own advertising before taking action against the competitor.
45% : Although the existence of a competitor's false advertising claim in the marketplace can be frustrating, not every false claim necessarily calls for action.
44% : Lanham Act suits offer possibility of receiving interim injunctive reliefMany companies at some point face the challenge of dealing with a competitor's false advertising.
42% : If the competitor's false claim threatens the company's market share or reputation, the company may want or need to take action to address the false claim.
35% : Under Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)), a plaintiff may bring a false advertising lawsuit if it shows that:Although expensive and time-consuming, one benefit of litigation is that interim injunctive relief is available.
14% : (For more on bringing a false advertising lawsuit under the Lanham Act, see Lanham Act Section 43(a)

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