False Advertising under Lanham Act Section 43: A: Competitor Claims in Tech Marketing

41 questions on false advertising under lanham act section 43, answered and cited by the UpLaw editorial team.

• Are AI capability claims actionable false advertising?
• Can a comparison chart be literally false?
• Can a consumer sue for false advertising under the Lanham Act?
• Does regulatory compliance protect me from a false advertising suit?
• How are benchmark claims challenged?
• How do California and New York false advertising laws differ from the Lanham Act?
• How does a boast lose its puffery protection?
• How does false advertising law apply to environmental claims?
• How do you preserve the advertisement as evidence?
• How do you prove deception in an implied falsity case?
• How false does a number have to be to be actionable?
• How should a company organize itself to back its advertising claims?
• How should a company review advertising claims before launch?
• How should a technology company think about aggressive advertising claims?
• Is a literally true statement always safe from a false advertising claim?
• Is irreparable harm presumed in a Lanham Act false advertising case?
• Is "military-grade encryption" puffery?
• Is willfulness required for a profits award in a false advertising case?
• Must a false advertising plaintiff be a direct competitor?
• What are the elements of a Lanham Act false advertising claim?
• What are the limits of an NAD proceeding?
• What are the two prongs of Lanham Act section 43(a)?
• What counts as "commercial advertising or promotion"?
• What does the materiality element require?
• What is a substantiation file and why does it matter?
• What is falsity by necessary implication?
• What is puffery in advertising law?
• What is the difference between an establishment claim and a non-establishment claim?
• What is the difference between literal falsity and implied falsity?
• What is the most dangerous kind of claim in technology marketing?
• What is the NAD and why would I use it instead of court?
• What other options exist besides litigation and NAD?
• What remedies are available for false advertising?
• What should a company do when it receives a false advertising challenge?
• Which advertising claims should trigger heightened legal review?
• Who has standing to bring a false advertising claim after Lexmark?
• Why are cybersecurity claims so heavily litigated?
• Why do competitors sue under the Lanham Act instead of the FTC Act?
• Why do courts presume deception when a statement is literally false?
• Why do false advertising plaintiffs usually prioritize injunctions over damages?
• Why is technology marketing full of establishment claims?