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Comparative Advertising: How to Distinguish Product Features & Avoid Denigration

(85 reviews)

Produced on December 08, 2017

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Course Information

Time 61 minutes
Difficulty Intermediate

Course Description

Businesses, marketers, and the attorneys they hire face many questions when it comes to product differentiation strategy. How can you find the best way to promote your product differences without crossing the line into product denigration? What are your remedies if your competitor has overstepped the bounds?

Join this entertaining program, presented by Amy Mudge, a Partner in Venable’s Advertising and Marketing Practice Group, to discuss lessons learned from Lanham Act and National Advertising Division (NAD) cases, and best practices in comparative advertising.


Learning Objectives:

  1. Discuss the difference between ashcanning and product differentiation
  2. Distinguish between a puff and a “claim requiring support”
  3. Promote differences between specific products, rather than an unintended broader line claim
  4. Review your options for challenging competitor false advertising and selecting the most effective, efficient forum


Credit Information

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Faculty

Amy Mudge

Baker Hostetler

Amy Ralph Mudge, co-leader of BakerHostetler’s Advertising, Marketing and Digital Media team, is a Chambers USA-ranked regulatory lawyer. She routinely represents top-tier companies before the Federal Trade Commission (FTC), the National Advertising Division (NAD) and the Children’s Advertising Review Unit (CARU), as well as in private, federal and state class action defense, consumer protection and antitrust litigation. From the nation’s best-known food brands, major toy manufacturers, and health and wellness names, to digital media influencers, cutting-edge internet companies and consumer products giants, the range of industries in which Amy works reflects the strength of her leadership.

A comprehensive counsel, Amy is also skilled at establishing effective compliance programs, as well as providing antitrust and marketing law training.



Nicholas M. DePalma

Venable LLP

Nicholas DePalma is a first chair trial lawyer representing clients in disputes related to Lanham Act and other false advertising claims, government contracts, and trust and estate issues. He has significant experience in both commercial litigation and arbitration, securing verdicts, judgments, injunctions, arbitral awards, and settlements for advertisers, government contractors, executives, high net worth individuals, entrepreneurs, real estate developers, and pro bono criminal defendants. He has also represented companies defending against enforcement proceedings and lawsuits brought by federal agencies.



Reviews

MB
Marc B.

Very good presentation.

LC
Laura C.

Effective format. Very substantive and informing. Superb illustrative material.

SS
Steve S.

Great program

JP
Jane P.

Excellent presentations!

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