When Can You Bring a Lanham Act Claim Against a Competitor for False Advertising?
When Can You Bring a Lanham Act Claim Against a Competitor for False Advertising? Feb 7, 2021 If you can prove that your competitor’s advertising is false, untrue, or misleading, you may be able to bring a claim under the Lanham Act. Specifically, you could sue your competitor under 15 U.S. Code § 1125 (the Lanham Act) to: Seek an injunction against the competitor’s false advertising; Recover damages; and In some cases, seek attorney’s fees. If your competitor has engaged in false advertising, contact a Tampa business attorney at HD Law Partners immediately. What is ‘false advertising’ under the Lanham Act? Your competitor may violate the false advertising section of the Lanham Act when it uses any oral or written statements that are likely to mislead consumers in an attempt to influence their buying behavior. The following types of advertisement can contain false or misleading advertising: TV or radio ads Written advertisements Ads on the internet Email and social media promotions Website ads Pamphlets Labels Also, you can sue your competitor under the Lanham Act if they use trademarks that confuse or deceive consumers. How to prove false advertising under the Lanham Act? In order to bring a false advertising claim under the Lanham Act, you must establish the following elements: There was a false or misleading statement of fact. You can take legal action against your competitor under the Lanham Act if their statements are “literally false” or “literally true” but deceive or are likely to deceive, mislead, or confuse consumers. The statement was used in the competitor’s commercial advertisement or promotion. See the above-mentioned list of commercial advertisement types to understand what kinds of advertisements are eligible for protection under the Lanham Act. The competitor’s false advertising is likely to deceive consumers in a “material way.” Generally, Florida courts presume that literally false advertising deceives a consumer in a “material way.” However, the wronged party may not need to demonstrate evidence of materiality if the competitor acted in bad faith or engaged in willful conduct. You have suffered or are likely to suffer a competitive or commercial injury due to the false or misleading statement. If you are trying to recover damages, you will need to show proof of actual harm suffered as a result of the competitor’s false advertising. However, in order to seek an injunction against false advertising, you may only need to show that your competitive or commercial injury was likely to happen. Why do you need to file a false advertising lawsuit under the Lanham Act? If you prevail in your false advertising claim under the Lanham Act, you can obtain an injunction preventing your competitor from continuing to use or spread false advertising. In many cases, courts may also require the competitor to publish corrections of false statements. If false advertising caused financial losses or actual damages, the court might order the competitor to pay for the plaintiff’s damages. If your competitor is using false advertising or making misleading statements to promote its products or services in a way that (a) deceives customers and (b) causes or is likely to cause you damages, you may be able to file a false advertising lawsuit under the Lanham Act. Consult with our business law attorneys at HD Law Partners to discuss your case and determine whether you can sue your competitor for making false or misleading statements. Call 813-253-5333 to receive a consultation. Can a Homeowners’ Association (HOA) Deny a Potential Buyer or Renter in Florida? Posted in Business Corporate | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us