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Business Torts: Fiduciaries, Unfair Practices, & Trade Secrets: Primary & Secondary Sources

Statutory Guidance

This page serves to show some of the sources that provide guidance on combating false advertising and unfair/deceptive practices amongst businesses and consumers. In addition to the Lanham Act, this page includes other guidance from various federal agencies. For false advertising consulting with the FTC may be more helpful. For unfair business practices amongst creditors and financial institutions, the Consumer Protection Bureau may prove a more viable source, and when dealing with monopolies, the Department of Justice will be your go to.

National Consumer Law Center

While the Lanham Act may not always be favorable, most states have Unfair Competition Statutes. The National Consumer Law Center provides a valuable source for comparing state law to federal law. Click here to see how strong the law is in your state in relation to the federal statute. 

Dissemination of False Advertisements

Lanham Act Provision 43

Considering The Likelihood of Success

The court has also assessed the following factors  have been determined to set forth whether one has a likelihood of success in their action (1)Advertising was false or misleading,(2) advertisement decieved or has capacity to deceive consumers,(3) deception has a material effect on purchasing decisions AND (4)plaintiffs have been injured or are likely to be injured by the false advertisement. 

Opinion v. Fact

A leading advertising case from a commercial saying their product was the best was found not to be actionable under the Lanham Act. 

Government Sources

Small Business Blog

Bait and Switch Tactics