Challenging Your Competitor’s False Advertising

What can you do when your competitor launches a false or misleading advertising campaign? It may unfairly disparage your product, or it may simply tout the competitor’s own product in a way that isn’t truthful. Either way, there are several routes for a competitor to challenge such a campaign, try to make it stop, and in some instances seek compensation for the harm done to your own business. This session discusses the options available in the United States, both in the legal and quasi-legal (i.e., self-regulatory) forums. It explains the requirements for standing, the costs, timing, discovery burdens, potential relief, enforceability, and ancillary risks, such as those of counter-challenge.