“Oh, You Did Not Say That!”: Liability for False or Misleading Statements Under the Sherman and Lanham Acts

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Edward Schwartz, Jul 28, 2014

The cola wars. The Apple “I’m a PC” ads. “Miller Lite Has More Taste Than Bud Light.” For as long as there have been advertisements and marketing, companies have been favorably comparing their products and services to those of their competitors and sometimes engaging in outright disparagement in doing so. Not infrequently, the aggrieved company shifts the field of battle