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ARTICLE · 18 AUGUST 2022

When Test And Claim Don't Fit

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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A couple of recent cases from NAD underscore the importance of analyzing the type of substantiation you have to determine if it really provides a reasonable basis for the particular claim you want to make.

United StatesMedia, Telecoms, IT, Entertainment

A couple of recent cases from NAD underscore the importance of analyzing the type of substantiation you have to determine if it really provides a reasonable basis for the particular claim you want to make. Or, as NAD always asks, is there a "good fit" between the claim the support? As these cases demonstrate, not all support is the right kind of support, no matter how good.

Zillow, Inc. challenged claims made by its competitor, CoStar Group in connection with its Apartments.com website network. The advertiser made a number of claims about the popularity of its network, like "the most popular place to find a place" and "#1 site for renters." NAD noted that "[m]ost popular claims send a powerful message that the brand is preferred over all others, and it weighs heavily in consumer buying decisions." The advertiser provided its website traffic data to support its "Most Popular" claim because that data indicated that Apartments.com has the most unique visitors.

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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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