False Advertising & Lanham Act

You want to aggressively promote your business and protect your brand. We can help. Quarles & Brady regularly counsels clients on advertising and marketing issues, including substantiation of advertising claims, comparative advertising, compliance with Federal Trade Commission (FTC) guidance, litigating Lanham Act advertising disputes, and defending against government investigations and enforcement actions. In every situation, we can work with you to identify your options, marshal your best arguments, and minimize your risks.

We regularly litigate matters under the federal Lanham Act and state laws regarding false advertising and deceptive trade practice. We regularly represent clients in investigations into advertising substantiation and deceptive trade practices by the FTC, state attorneys general, and other state and federal consumer protection entities.

We work with national clients to protect their intellectual property assets. The services we have provided include

  • Review and clearance of advertising claims and marketing campaigns, including advice concerning the FTC's rules on environmental advertising (Green Guides), comparative claims, dietary supplements, and the use of endorsements and testimonials in advertising.
  • Prosecuting and defending Lanham Act suits and other federal and state law claims for false advertising and unfair or deceptive trade practices.
  • Litigating TROs or other motions for injunctive relief in state and federal court.
  • Defending against false advertising and deceptive trade practice investigations and enforcements brought by the FTC, state attorneys general, and other federal and state consumer entities.
  • Advertising challenges and proceedings before the National Advertising Division (NAD).

What Our Clients Say

The Quarles & Brady litigation team has provided excellent strategic advice and deft case management guidance.

I was particularly impressed with their insight into the case mechanics and nuances. They provided appropriate contingency plans for the various pathways that could materialize. Most importantly, throughout the process, they always championed what was in my company's best interests. —Steven Levy, President/CEO, Bell Laboratories, Inc., d/b/a Motomco Ltd. 

We have worked with attorneys in Quarles & Brady's Madison office, who were highly effective in litigating claims of false advertising and unfair competition on our behalf. They developed successful claims and defenses, pursued a clear strategy, and demonstrated the knowledge, experience, and commitment needed to win a favorable result. —Mark Warren, President & CEO, Pethealth, Inc.