False Advertising, Unfair Competition & Lanham Act
We regularly represent clients addressing claims of unfair competition, false advertising, and other alleged violations of the Lanham Act and related legislation, both federal and state. This growing area of litigation is increasingly seen by business competitors as an alternative to defeating rivals in the marketplace, especially when the traditional methods of in-market competition become too costly or are unsuccessful. Of course, there are legitimate instances when a competitor does attempt to pass its products off as those of another, or unfairly competes by lying about a competitor’s product or claiming its product can do things that it cannot.
The Wilson Law Firm is committed to defending against bad faith claims of false advertising, unfair competition, and other alleged violations of the Lanham Act. The Wilson Law Firm is equally committed to helping clients who are the victims of a competitor’s false advertising practices and underhanded tactics.
Risk Management
We work in partnership with our clients to develop tailored, common sense and cost-effective solutions that will help ensure that competition stays in the marketplace and out of the courtroom.
In an ever-changing marketplace, and especially after the severe economic recession of the last few years, businesses need to be aware of the regulatory and legal environments in which they exist. Even what appears to be a largely unregulated business is nonetheless subject to the Laham Act, which prohibits unfair competition, false advertising and other commercial activities and practices. Being ready to address these concerns – before suit is ever filed – is important to minimizing litigation costs, time and expense, and to addressing the risk attendant on trial if a matter makes it through to a jury.
The Wilson Law Firm works with clients to tailor solutions to their business and industry, and to help them develop techniques and strategies as part of their everyday operations to create the basis for defending against and dissuading litigation.
Holistic Approach
Most cases are resolved by settlement. Thinking about how to approach the case and determining a consistent strategy and story are thus crucial in determining whether any eventual settlement will be favorable to the client’s bottom line. From conception to trial, The Wilson Law Firm approaches cases the old fashioned way, with a great deal of research and investigation being performed at the beginning, so that a consistent message and theory of the case is maintained through to final resolution. This approach helps contain costs and maintain the persuasive high-ground. Of course, when combined with a thoughtful risk management philosophy, the results can work strongly in favor of the client.