Avoid truthful but misleading advertising. Be careful what you
say, especially about your competitors. As expected, competitors
are sensitive to any negative allegations made about their products
or services, since it may likely have an effect on the
business's sales and reputation. Some competitors may even file
a lawsuit to enjoin the use of such statements, even if the
statements are technically true.
On March 21, 2019, MillerCoors, LLC ("MillerCoors"),
which sells Miller Lite and Coors Light, filed a complaint against
Anheuser-Busch Companies, LLC ("AB"), which sells Bud
Light, after the Bud Light commercials shown during Super Bowl LIII
and thereafter focused on the use of corn syrup in Miller Lite and
Coors Light's brewing process and the lack of corn syrup used
in Bud Light's brewing process. In the complaint, MillerCoors
is alleging Lanham Act claims of false advertising and federal
trademark dilution and requesting injunctive and other relief.
