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Practice Overview

Competitor Advertising Litigation

We Know How to Handle Competitor Challenges

Companies must be vigilant in protecting their right to compete in a lawful manner. Olshan’s competitor advertising litigation attorneys are aggressive in pursuing and defending clients' interests both in and out of court. Our lawyers have been involved in prosecuting and defending significant competitor Lanham Act false advertising challenges in federal court and unfair competition claims in state court.

When disputes alleging false and deceptive advertising arise between our clients and their competitors, many times we recommend that they consider bringing a self-regulatory challenge. The advertising industry has established a process for alternate dispute resolution, namely the Council of Better Business Bureaus’ Advertising Self-Regulatory Council (ASRC) and its various sub-units, including the National Advertising Division (NAD), the Children’s Advertising Review Unit (CARU), and the National Advertising Review Board (NARB). Our attorneys regularly represent clients before these self-regulatory bodies.

Litigating a self-regulatory challenge brings unique legal and strategic considerations. There are significant differences, for example, between an NAD challenge and a Lanham Act action in federal court. Those differences include important tactical considerations arising from differing burdens of proof, availability of counterclaims and discovery, as well as limitations on damages and other remedies. Experience here is critical.

Chambers USA had this to say about Olshan’s competitor advertising practice:  "Clients draw attention to the group's fantastic track record in defending ... false advertising challenges from competing businesses."

Experience and Focus Working in Your Favor

No matter which forum, we leverage our considerable experience to litigate and resolve competitor advertising disputes effectively and efficiently.

Complimentary Download:

Contact these advertising litigation attorneys, whose strong understanding of and focus on the legal problems arising with competitor advertising disputes can work to your advantage:

Andrew Lustigman Email
Scott Shaffer Email
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