Comparative Advertising: Avoiding Trademark Infringement, Disparagement
Lessons From Recent Cases, Avoiding Pitfalls, and Substantiating Comparative Claims
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE course will guide counsel to companies using or facing competitor comparative advertising. The panel will examine the use of competitors' 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
Christopher S. Ford
Counsel
Debevoise & Plimpton
Mr. Ford has litigated trademark, trade dress, and false advertising cases in federal court and before the Trademark... | Read More
Mr. Ford has litigated trademark, trade dress, and false advertising cases in federal court and before the Trademark Trial and Appeals Board and regularly advises clients on issues relating to their trademark and brand management. He is a member of the International Trademark Association’s Non-Traditional Marks committee and has been the chair of its U.S. Litigation task force since 2020. He has guest lectured on trademark and trade dress issues at New York University School of Law and Rutgers School of Law. In 2022, Managing IP recognized him as a U.S. “rising star” for trademark work.
Mr. Ford also has an active practice advising clients on cybersecurity incident preparation and response, including in connection with criminal and civil litigation, as well as federal and state regulatory investigations. His recent matters include advising clients managing responses to corporate data breaches, business email compromises, ransomware incidents and other data security issues, including risk management for cybersecurity and business continuity planning.
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Patrick J. Gallagher
Partner
Barnes & Thornburg
Mr. Gallagher has deep experience in trademark clearance, investigation, prosecution, as well as client counseling and... | Read More
Mr. Gallagher has deep experience in trademark clearance, investigation, prosecution, as well as client counseling and management of domestic and international trademark portfolios. He also has significant experience assisting clients with trademark enforcement, opposition and cancellation proceedings; brand protection programs; trademark, unfair competition and false advertising disputes and litigation; internet domain name disputes and proceedings (UDRPs); and trademark licensing. He provides tailored advice for handling IP issues involving social media; IP due diligence and IP licensing; copyright counseling, registration, protection and litigation; Digital Millennium Copyright Act (DMCA) notice and take down procedures; and domain name acquisition.
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Nerissa C. McGinn
Partner
Loeb & Loeb
Ms. McGinn’s practice focuses on matters involving the convergence of advertising and promotions, emerging media,... | Read More
Ms. McGinn’s practice focuses on matters involving the convergence of advertising and promotions, emerging media, technology, privacy, and intellectual property law. She works with many of the best-known brands in the country, including H&R Block and the Wm. Wrigley Jr. Co. and its confection brands. Embracing a business-minded approach, she helps clients develop new brand assets and assists them in promoting and advertising their brands and products. Clients--including Turner Broadcasting and its programming properties, for which she handles trademark clearances for new shows, web properties, interstitials and sweepstakes--regularly turn to Ms. McGinn for trademark counseling services. In the advertising and promotions facet of her practice, she works with clients on sweepstakes review, copy review, and promotion design and fulfillment, with an emphasis on internet and interactive advertising and promotions. Ms. McGinn also provides legal services for digital companies and app developers, handling a variety of IP matters and privacy policies and practices relating to websites and mobile applications. As a thought leader in her industry, she frequently speaks at events and conferences. Ms. McGinn also serves as the firm’s first chief diversity partner and co-chair of the Diversity Committee.
CloseEarly Discount (through 05/02/25)