The Law of Comparative Advertising in the United States
IP Litigator
January/February 2010
This article discusses the law of comparative advertising—advertising that compares alternative brands on price or other measurable attributes and expressly or impliedly identifies the alternative brand by name, illustration, or other distinctive information. An overview of the law of comparative advertising in the United States is provided in the article, as well as practical guidance to in-house attorneys and outside counsel on strategies for challenging comparative advertising claims made by a competitor when the client contends that the claims cannot be substantiated.