False Advertising

Based in Virginia, our false advertising litigation lawyers understand the vital role advertising and competition play in today's commercial marketplace, and are well equipped to protect our clients against unfair competition and false advertising. False advertising litigation is governed primarily by the Lanham Act, which contains protections against false advertising that might lead to consumer confusion, and our attorneys are committed to ensuring that our clients receive the benefit of that protection in Virginia and beyond.

False advertising occurs when a business misrepresents its products of services, or makes false statements regarding a competitor's products or services. False advertising deceives consumers and is unfair to honest, hardworking businesses. False advertising often comes in one or more of the following forms:

  • Product disparagement
  • Touting results based on flawed tests or research
  • Concealment of material information
  • False endorsements
  • False comparative advertising
  • False promotions (e.g., those which seem to offer products or services for free).

The Lanham Act prohibits misleading advertisements. Specifically, Section 43(a) of the Lanham Act makes a defendant liable for false advertising where all of the following conditions are met: (1) the defendant made a misrepresentation in commercial advertising or promotion concerning goods, services, or commercial activities; (2) the misrepresentation actually deceived or tended to deceive its recipients; (3) the misrepresentation was likely to influence purchasing decisions; (4) the misrepresentation injured or was likely to injure the plaintiff; and (5) the misrepresentation was made in commerce.

Our false advertising lawyers have broad experience litigating false advertising and unfair competition cases in Virginia state and federal courts. Due to the gravity and swiftness of the harm false advertising can cause, false advertising litigation often calls for emergency injunctive relief in federal court. At BerlikLaw, we have the knowledge and resources to aggressively pursue or defend such cases. If another business is disparaging your product or otherwise attempting to gain unfair advantage in the marketplace through false statements, give us a call today to ensure your business is protected.