Business Litigation | Intellectual Property

False Advertising & Unfair Competition Litigation

Renner Law understands the vital role advertising and competition plays in today's commercial marketplace, and is well equipped to protect its clients against unfair competition and false advertising. False advertising litigation is governed primarily by a federal statute, the Lanham Act, which contains protections against false advertising that might lead to consumer confusion. Renner Law is committed to ensuring that our clients receive the benefit of that protection in Rhode Island, Massachusetts and beyond.

What is False Advertising?

False advertising occurs when a business misrepresents its products of services, or makes false statements regarding a competitor's products or services. Not only are express or literally false statements actionable, but implicitly false representations may give rise to a false advertising claim. 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
What are the Elements of a Lanham Act False Advertising Claim?

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.

Renner Law has broad experience litigating false advertising and unfair competition cases in Rhode Island and Massachusetts 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. Renner Law has 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, contact Renner Law to ensure your business is protected.

Renner Law serves false advertising and unfair competition clients throughout Rhode Island and Massachusetts from its Providence, Rhode Island offices. Call (401) 404-5251 or contact Renner Law online today.