Challenging Competitors' Comparative Advertising
Evaluating Legal Options to Respond to False or Misleading Marketing
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, January 12, 2012
Recorded event now available
This CLE webinar will provide guidance for counsel to companies facing competitor comparative advertising. The panel will examine the mechanisms for challenging false or misleading marketing claims and offer strategies for challenging those claims.
Description
Aggressive comparative advertising by competitors is on the rise, and if a competitor's ad campaign is false and deceptive, it has the potential to seriously damage a business' reputation and marketing efforts.
When competitor advertising crosses the line, several options are available for counsel to evaluate and potentially pursue. The particulars of each option and how they interact are crucial to determine the best path for the company.
One of the primary options is to bring claims for false advertising under the Lanham Act, but before filing suit, counsel must carefully evaluate all of the potential hurdles to winning such claims, while managing and protecting the company's brands - and the company's bottom line.
Listen as our authoritative panel examines the mechanisms for challenging false or misleading marketing claims and offers strategies for challenging such claims.
Outline
- Pros and cons of the mechanisms for challenging a competitor’s false advertising and their interplay
- Possible alternatives for false advertising challenges
- Industry context
- Burden of proof
- Proving harm
- Risk of counterclaims
- Strategies for challenging a competitor’s false advertising (use of case studies to demonstrate analysis, what works/what doesn’t work)
- Selecting the mechanism
- Choosing the right forum
- Role of experts and challenging experts in litigation
- Others
Benefits
The panel will review these and other key questions:
- What are the pros and cons of the different methods available to challenge a competitor's advertising?
- How do the different mechanisms interact with each other?
- What strategies should counsel employ when challenging a competitor's comparative advertising?
Faculty
Barry M. Benjamin,
Partner
Kilpatrick Townsend & Stockton, New York
He focuses his practice on advertising, intellectual property, technology, and media law in the areas of litigation, advice and counseling, and regulatory defense. He handles false advertising and trademark claims under the Lanham Act, trade dress violations, copyright claims, misappropriation, and fraud claims. He advises and counsels clients in the areas of advertising, technology, and media.
Rick Kurnit,
Partner
Frankfurt Kurnit Klein & Selz PC, New York
He has handled numerous Lanham Act and comparative advertising cases and NAD challenges as well as many of the leading cases defining the application of IP law to advertising and marketing communications. He is ranked by Chambers USA as one of two star individuals nationwide in Advertising law.
Amy Ralph Mudge,
Counsel
Arnold & Porter, Washington, D.C.
She practices in the areas of consumer protection and antitrust. She has significant experience establishing effective compliance programs and providing antitrust and marketing law training. She represents clients before the FTC, Department of Justice, state attorneys general and the self-regulatory National Advertising Division, as well as in private federal and state litigation.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, UT, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, UT, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
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Program Materials
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Program Materials
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CLE Credit
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Customer Reviews
I liked the practical tips and pros and cons analysis.
Libby Gray
Middleton Reutlinger
The seminar provided great examples to correspond with the subject matter.
Susan Gray
Hanesbrands Inc. - Law Dept.
The real case examples and case citations were very helpful.
Tyler Wilkinson
Axley Brynelson, LLP
The presentation was not too long, but included a great deal of information. The speakers kept to their times and provided an opportunity for questions at the end.
Amy E. McShane
Phillips Lytle LLP
Very good current, practical and applicable discussion and information provided.
Matthew Moore
Clawson & Staubes, LLC
Antitrust Law Advisory Board
Partner
Skadden Arps Slate Meagher & Flom
Partner
Fenwick & West
Shareholder
Greenberg Traurig
Partner
Foley & Lardner
Partner
Mayer Brown
Shareholder
Briggs and Morgan
Partner
Hogan Lovells
Partner
Jones Day
Partner
Akin Gump Strauss Hauer & Feld
Partner
Kaye Scholer
Partner
Gibson Dunn & Crutcher
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