How do I know if the Lanham Act applies to my case?

When you file a claim under the Lanham Act, it indicates that another business used false advertising in a commercial advertisement which was intended to deceive, causing your company to suffer in some way. This act is so beneficial for businesses because consumers cannot use it to file a false advertising claim on their behalf.

According to the Lanham Act, you can file based on two types of claims:

  • Statements that are literally false
  • Statements that are literally true, but will probably mislead or deceive others

The first is much easier and generally involves less effort in order to file a claim. When filing based on the second qualifier, you are required to prove that your competitor’s advertisement has deceived others or most likely will.

When it comes down to it, the success of your company is your number one priority. A competitor’s unlawful behavior can quickly squash your goals and impact you for years to come. Why give them this kind of control? Although filing a false advertising claim does take extra work, we are convinced that the end result will be well worth it.

Rest assured that our Orange County business litigation attorneys are equally committed to seeing your company prosper. We are prepared to protect you from unfair advantages and illegal business tactics. Get in touch with The Mirkhan Law Firm, APC right away to begin!