As part of our Intellectual Property Litigation practice, we provide false advertising litigation services.
False advertising includes the use of misleading statements in advertising. However, there can be a fine line between puffery and other legal advertising. Therefore, getting the proper legal advice can be important before spending significant time and money to create an advertisement that may put a company at serious risk of potential false advertising litigation.
False Advertising Litigation
As part of our litigation practice, we represent plaintiffs and defendants in false advertising litigation, including Lanham Act litigation. We have experience in state as well as federal courts litigating unfair competition claims involving false advertising. Such claims also frequently include common law causes of action and statutes that prohibit deceptive trade practices. Sometimes cases can be resolved outside of litigation through cease and desist letters and informal negotiations.
False Advertising Laws
A false advertising lawsuit under the Lanham Act is a federal cause of action. It broadly applies to false statements or representations made as part of commercial advertising. The statements being likely to deceive consumers and cause injury. Included is the act of “passing off” of a competitor’s product/service directly or indirectly, as well as “reverse passing off.” Remedies range from an injunction to damages and attorneys’ fees.
The Texas Deceptive Trade Practices Act protects consumers against false, misleading, as well as deceptive business practices. This is a Texas state cause of action and can apply to a wide array of false advertising.
Local Counsel for False Advertising Litigation Matters
We also act as local counsel for out-of-state plaintiffs and defendants involved in false advertising litigation in state and federal courts in Texas. See our Local Counsel page for more information regarding our services.