Lanham Act Survey and Damages Work in Super Bowl Campaign

We worked on behalf of a major beverage manufacturer in a Lanham Act dispute related to a high-profile Super Bowl advertising campaign. Brattle supported multiple experts in evaluating both liability and damages. Our liability expert drew on survey evidence – including likelihood-of-deception experiments – alongside social media studies, customer communications, and company documents to demonstrate that the campaign misled consumers and that the deception was material. To quantify harm, our damages expert applied a sophisticated econometric model showing that the advertising had negatively impacted our client’s sales and profits.