False Advertising

Representative Experience

  • Successfully represented a national pharmaceutical manufacturer in a false advertising, copyright, and unfair competition action against competitor and competitor’s parent company. The firm developed strategy in an emerging area of Lanham Act litigation and pharmaceutical claims, and used its industry knowledge to effectively develop evidence of the false advertising campaign described in the complaint.
  • Successfully represented medical equipment manufacturer as plaintiff in a case against competitor alleging false advertising, trademark infringement, copyright infringement, defamation, and unfair competition. The firm obtained a preliminary injunction in this matter prohibiting the defendants from making various false representations about their competing product.
  • Successfully represented a major frozen food manufacturer in a false advertising dispute concerning misuse of the term “Original.” Settled on terms favorable to our client shortly after suit was filed.
  • Successfully represented a branded pharmaceutical company as plaintiff against alleged generic competitor in case asserting false advertising and unfair competition claims.
  • Successfully represented a generic drug company on claims that it had falsely advertised its product as the generic equivalent of a marketed brand product. Case settled prior to trial.
  • Successfully represented a marine products manufacturer as plaintiff in a case against a competitor alleging false advertising, unfair competition, Georgia Deceptive Trade Practices Act violations, commercial disparagement, and tortious interference with contract and business relations. The firm obtained a preliminary injunction in this matter prohibiting the defendants from making various false representations about their competing product and the plaintiff's product. The firm also obtained an order requiring the defendants to undertake corrective advertising and to issue a letter of retraction as additional preliminary remedies.
  • Successfully represented a branded nutritional supplement company in a false advertising complaint against a generic drug company that made false comparative claims to the branded company’s products. Case settled prior to preliminary injunction hearing.
  • Represented U.S. manufacturer of boating equipment in federal false advertising litigation against a competitor. Obtained a preliminary injunction on behalf of client requiring the competitor to cease distribution of promotional materials, remove pages from its website, issue retraction letters to customers, and undertake corrective advertising. Negotiated a favorable settlement on behalf of client prior to trial.