The New York Times Quotes Partner John Villafranco Regarding Advertising Litigation
November 21, 2009
In an article titled “Best Soup Ever? Suits Over Ads Demand Proof,” The New York Times quoted advertising law partner John Villafranco. The article discusses the increasing trend of companies filing lawsuits and other formal grievances challenging their competitors’ claims, rather than battling in grocery-store aisles and on television commercials. Claiming that a competitor’s ad is misleading, companies file complaints to get the ads withdrawn or amended. The main objective of these suits is not motivated by financial gain, but rather increased market share.

Mr. Villafranco suggests that the increase in these actions may be a reflection of the dismal economy: in recessions, when overall spending lags, advertisers must fight harder for customers. “In this economy, where margins are a bit tighter, a lot of marketing departments have decided to become more aggressive in going after their competitors in the hopes that they can either protect their market position or capture additional market share,” he stated.

Mr. Villafranco was also quoted in similar articles on this matter published in news outlets including the Charlotte Observer, The Lexington Dispatch, Wilmington Star-News, The Gainesville Sun, Sarasota Herald-Tribune, St. Louis Post-Dispatch, The Tuscaloosa News, The Ledger, St. Petersburg Times and Lexington Herald-Leader.

Click here to read the article.