Lanham Act Litigation

A current Brattle principal was retained in a false advertising case in which a consumer products company claimed that a competitor’s advertisements for personal hygiene products contained a misleading comparison. We supported an academic expert in evaluating the market research and product tests conducted by both parties to assess the validity of the claims. Our analysis found that the competitor’s comparisons could not be supported by the evidence. A federal jury agreed with our analysis and returned a verdict in favor of our client.