The Impact of Legal Standing Rules on Deceptive and Legitimate Advertising Activity
33 Pages Posted: 22 Apr 2008
Date Written: April 1, 2008
Laws prohibiting deceptive advertising encourage competition and improve information quality. This manuscript examines the impact of the right of private actors to sue rivals for false advertising. Broader access for private plaintiffs enforcing deceptive advertising law is not always better, and this manuscript will account for both the costs and the benefits on the marketing environment. After summarizing the different legal requirements of standing, this manuscript will offer recommendations to help navigate an uncertain legal environment and avoid unnecessary scrutiny by the FTC or rival firms.
Keywords: trademark, advertising, standing, federal trade commission, Lanham Act
JEL Classification: M37, K40, O34, K20
Suggested Citation: Suggested Citation