Comparative Advertising: Avoiding Trademark Infringement, Disparagement
Lessons From Recent Cases, Avoiding Pitfalls, and Substantiating Comparative Claims
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will guide counsel to companies using or facing competitor comparative advertising. The panel will examine the use of competitor's marks/logos in advertising, puffery vs. actionable comparative advertising, the use of consumer-generated content related to competitors, and substantiating claims.
Outline
- Use of competitor marks/logos in advertising
- What is permissible
- When can a competitor's marks, logos, trade dress be used in advertising
- Risks of infringing the competitor's IP rights
- Puffery vs. actionable comparative advertising
- Use of consumer comments, user-generated content related to competitors
- Substantiating claims
- Best practices for avoiding trademark infringement and other potential pitfalls
Benefits
The panel will review these and other vital questions:
- When and how can a company use a competitor's trademark, logo, or trade dress in its advertising?
- What strategies should counsel employ when challenging a competitor's comparative advertising?
- District court vs. the National Advertising Division: Which forum should you choose for challenging comparative advertising claims?
- When can companies use consumer-generated content about competitors in their advertising?
- How can surveys be used to support arguments regarding implied claims?
Faculty
Barry L. Cohen
Partner
Royer Cooper Cohen Braunfeld
Mr. Cohen focuses on IP litigation and unfair competition, among other areas. He develops litigation strategies that... | Read More
Mr. Cohen focuses on IP litigation and unfair competition, among other areas. He develops litigation strategies that maximize his clients' goals with a detailed understanding of their business. He understands and solves clients' litigation problems, maximizing the clients' litigation positions to achieve their short and long-term goals.
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Anna B. Naydonov
Partner
Finnegan Henderson Farabow Garrett & Dunner
Ms. Naydonov focuses on trademark and false advertising litigation. She routinely litigates high-stakes cases for some... | Read More
Ms. Naydonov focuses on trademark and false advertising litigation. She routinely litigates high-stakes cases for some of the world’s most renowned brands before federal trial and appellate courts and the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office. She has worked on winning appellate briefs, requests for injunctive relief, class certification briefs, and represented clients in jury and TTAB trials. Her practice also includes strategic portfolio management and enforcement counseling. She serves key roles in managing extensive trademark enforcement portfolios for well-known brands, including in the apparel and food/beverage industries.
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Maria Crimi Speth
Shareholder
Jaburg Wilk
Ms. Speth practices in the areas of intellectual property, internet law and commercial litigation, representing clients... | Read More
Ms. Speth practices in the areas of intellectual property, internet law and commercial litigation, representing clients throughout the U.S. She focuses her practice on assisting businesses in protecting their trademarks, copyrights, trade secrets, information technology, and other IP through preventative measures to avoid disputes and through litigation when disputes arise. Ms. Speth frequently speaks at seminars and workshops on IP and internet law topics.She is a guest lecturer at Arizona State University and has appeared on radio and television providing legal commentary on intellectual property issues.
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