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ARTICLE · 05 DECEMBER 2023

Trash Talking Your Competitors: How Far Can You Go?

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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Two recent cases explore trash talk, more formally known in the ad law world as "denigration." When it's okay and when it falsely disparages a competitor is a common issue at NAD and it's important...

United StatesMedia, Telecoms, IT, Entertainment

Two recent cases explore trash talk, more formally known in the ad law world as “denigration.” When it's okay and when it falsely disparages a competitor is a common issue at NAD and it's important to know the ground rules. Advertisers may love to trash talk their competitors, or a competitive category of products, to distinguish their own products and establish their superiority but it's easy to go too far. 

In a challenge brought by Bath & Body Works, NAD examined a number of claims made by Goose Creek Candles that the challenger argued were explicitly or implicitly falsely denigrating of B&BW and its products. Although the advertiser permanently discontinued a number of the claims during the pendency of the review, NAD examined the remaining ones, including this: “Avoid the harmful chemicals found in other body care products.” The claim appeared on the advertiser's site with a picture of the advertiser's products and the title “Goose Creek body care products are

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www.fkks.com

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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