Insights: Publications Advertising Basics

Intellectual Property Desk Reference

Written by Lisa Pearson
At the federal level, two primary sources of law govern advertising claims: the Lanham Act and the Federal Trade Commission Act (“FTCA”). The Lanham Act, particularly § 43(a), proscribes false or misleading statements and gives competitors standing to sue. The FTCA grants the Federal Trade Commission (“FTC”) authority to regulate advertisements with the goal of protecting consumers.

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