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ARTICLE · 17 JANUARY 2019

Is "Under One Roof" Puffery?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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It is often difficult to determine whether the statements you make in advertising are claims that require substantiation or whether they are simply puffery.

United StatesMedia, Telecoms, IT, Entertainment

It is often difficult to determine whether the statements you make in advertising are claims that require substantiation or whether they are simply puffery.  It is often even more difficult to figure out what a court will think.  Here's a recent example from a federal district court in Illinois.  

In Segerdahl v. American Litho, the court wrestled with whether certain statements on a printing company's website were actionable under the Lanham Act and Illinois law.  At issue here were American Litho's counterclaims, which alleged that its competitor Segerdahl made false claims about its printing services.  American Litho argued that Segerdahl claimed that it provided all of its services in-house, when in fact it subcontracted a portion of its work.  Statements challenged by American Litho included:

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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