The Impact of Legal Standing Rules on Deceptive and Legitimate Advertising Activity

33 Pages Posted: 22 Apr 2008

See all articles by Robert C. Bird

Robert C. Bird

University of Connecticut - School of Business

Date Written: April 1, 2008

Abstract

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

Bird, Robert C., The Impact of Legal Standing Rules on Deceptive and Legitimate Advertising Activity (April 1, 2008). Available at SSRN: https://ssrn.com/abstract=1123676 or http://dx.doi.org/10.2139/ssrn.1123676

Robert C. Bird (Contact Author)

University of Connecticut - School of Business ( email )

368 Fairfield Road
Storrs, CT 06269-2041
United States

HOME PAGE: http://businesslaw.business.uconn.edu/robert-bird/

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