Diserio Martin O'Connor & Castiglioni LLP

False Advertising

Competition laws are in place to protect the economic, creative and intellectual investments made by businesses in distinguishing themselves and their products. Businesses that utilizes unfair, deceptive and misleading practices may cause competitors substantial, and sometimes irreparable, harm. Federal and state law prohibit false advertising, which involves the promotion of goods, services or commercial activities that misrepresents their nature, characteristics, qualities or geographic origin. Similarly, unfair competition consists of any commercial behavior or activity that is legally unjust or deceptive, and may include activities such as false advertising, trademark and trade dress infringement and theft of trade secrets. DMOC attorneys are well versed in all aspects of laws related to advertising, marketing, unfair competition and misleading or deceptive trade practices.  We provide counseling and litigation services to clients in these areas, which require compliance with complex federal and state authority, including the Lanham Act, the Federal Trade Commission Act and state statutes and common law.  We represent clients in false advertising and unfair competition matters across all types of media, including print, television and internet. Our attorneys also handle injunction proceedings on behalf of trademark holders to cease and prevent the sale of counterfeit goods and materially different goods.