False advertising includes the use of misleading statements in advertising. Because there can be a fine line between puffery and other legal advertising, getting the proper legal advice may be important before spending the time and money to create an advertisement that may put a company at serious risk of 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 and federal courts litigating unfair competition claims. Such claims frequently include false and misleading advertising under the Lanham Act, 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.
Lanham Act Litigation
A false advertising lawsuit under the Lanham Act is a federal cause of action that broadly applies to false statements or representations made as part of commercial advertising that are likely to deceive consumers and cause injury. Remedies range from an injunction to damages and attorneys’ fees.
Deceptive Trade Practices Litigation
The Texas Deceptive Trade Practices Act protects consumers against false, misleading, and deceptive business practices. This is a Texas state cause of action and can apply to a wide array of false advertising.
As an IP and business litigation law firm, our false advertising litigation lawyers can assist with advising on false advertising litigation legal issues. See our IP and Business Litigation service line page for additional information about false advertising litigation legal services.
Local Counsel for False Advertising Litigation Matters
We also act as local counsel to out-of-state plaintiffs and defendants involved in false advertising litigation filed in federal and state courts in Texas. See our local counsel litigation page for more details.