FALSE ADVERTISING PROTECTION & PREVENTION
HULSEYIP lawyers, by representing a broad array of businesses, are familiar with Section 43(a) of that Act, which is a short but broadly phrased provision permitting business competitors to sue one another for false advertising, among other things. Parties bringing actions under Section 43(a) recently have benefited from attempts some courts have made to establish clear jurisprudence in this area. This provision prohibits any use of a false or misleading description or representation in commercial advertising or promotion that "misrepresents the nature, characteristics, qualities, or geographic origin of. . . goods, services, or commercial activities."
In order to have a claim under § 43(a), the defendant must have made a false or misleading statement of fact in advertising. That statement must have actually deceived or had the capacity to deceive a substantial segment of the audience. The deception must have been material, in that it was likely to influence the purchasing decision. The defendant must have caused its goods to enter interstate commerce. And, the plaintiff must have been or is likely to be injured as a result.
HULSEYIP attorneys have helped clients to obtain monetary damages, as opposed to simply injunctive relief , and prevented devastating economic impact on their business through effective use of the rights afforded to them through § 43(a). We stand ready to assist in these matters.
