Sophisticated Advice on False Advertising and Unfair Competition Claims
State and federal laws control competition by regulating activities that are considered unfair competition, such as:
- false advertising and promotion
- misleading or deceptive trade practices
- palming off
- trade dress violations
False or misleading advertising occurs when a business makes a statement, in advertising, that is either untrue or is likely to deceive the consumer as to the quality, source, origin, or endorsement of the product.
A business may be liable for “palming off” goods when the business holds out its goods to the public as being the goods of another or originating from another source. If your competitor tells someone that his goods are yours or that you manufactured his goods, he may be liable for palming off those goods.
A trade dress violation occurs when one company so closely copies the appearance of the product and/or packaging of a competitor that the consumer has difficulty telling the difference.
The attorneys at Hankin Patent Law have handled false advertising and other unfair competition claims under state (California Business and Professions Code Section 17200) and federal (Lanham Act, Federal Trade Commission Act) statutes. We regularly counsel clients on a wide range of issues related to false advertising, including deceptive trade practices, misleading promotions and trade dress violations, and regularly litigate these issues in state and federal court.
Our record speaks for itself. Mr. Hankin has successfully defended numerous manufacturers in false advertising cases. In one such case, for the manufacturer of a home-use medical product, the court dismissed a temporary restraining order, denied a motion for preliminary injunction, and dismissed with prejudice the lawsuit in favor of Mr. Hankin’s client.
Hankin Patent Law represents clients throughout California, the United States, and the world. If you have been the victim or have been accused of unfair competition, contact them for a consultation.