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false statements in
an advertisement

False Advertising

False advertising occurs when one competitor makes false statements in an advertisement or promotion about its own product or service or those of a competitor. When this occurs, a harmed competitor can bring suit for false advertising under the Lanham Act. To prevail, the harmed competitor must show that (1) the advertiser ran or displayed an advertisement that stated one or more false facts about its own or a competitor’s offerings; (2) the advertisement actually misled or had a tendency to mislead a significant percentage of the target audience; (3) the misleading statement likely affected the purchasing decisions of those whom it reached when they purchased the product or service at issue; (4) the harmed competitor either lost sales to the false advertiser or suffered harm to its goodwill; and (5) the advertisement affected interstate commerce — a requirement that can usually be satisfied under the modern definition of interstate commerce. A harmed competitor can also seek related dress under California Business & Professions Code Section 17500 if the false advertising deceives customers or harms a business located in California.

We have substantial experience litigating claims for false advertising on behalf of plaintiffs and defendants.

Our Ability to Accept Large Cases

Several times we have been opposed by teams of highly capable attorneys fielded by leading global law firms. In any such matter, or whenever the need arises, we can quickly assemble our own team of first-rate professionals who have worked with us successfully on prior occasion, and we can also procure essential litigation services from reliable outside service-providers, so that we are never outmatched or overwhelmed even by the largest or most pro-active global firm. We think that our work in these matters has reflected favorably on us, and we have obtained successful results for our clients in exceedingly difficult, sprawling, and complex antitrust controversies. All the while, we are able to maintain our reasonable billing arrangements because of the manner in which our practice is structured and our lean fixed costs.

Our Articles on Antitrust Law

Mr. Markham and Mr. Bona have given lectures on antitrust law for other attorneys (MCLE classes) and written extensively about antitrust law. Mr. Markham provides occasional commentary in his blog about antitrust issues that make the news, and Mr. Bona does this same in his own blog. Below you will find links to three articles on antitrust law written by Mr. Markham that have become reference sources for other attorneys and the general public:

The Amex Decision (By William Markham, © 2018)

The Amex Decision (By William Markham, © 2018)

I respectfully and strongly disagree with the Supreme Court's recent decision in the Amex case, in which the Supreme Court ruled, by a narrow 5-4 majority, that the government plaintiffs had failed to establish a prima facie case against American Express Company...

The Law Offices of William Markham, P.C.

  • 619.221.4400
  • 619.224.3974
  • 402 West Broadway, Suite 400
    San Diego, CA 92101.

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