What is false advertising?
False advertising is a form of illegal unfair competition under Delaware law. It occurs when a business intentionally misleads its customers with advertising about its products or services. False advertising can involve misrepresenting the characteristics, features, benefits, or quality of a product, or making false claims about a competitor’s products or services. It can also include failing to provide material information about a product or service such as price or safety information. Under Delaware unfair competition law, it is illegal for businesses to knowingly or recklessly engage in false advertising. Businesses can be held liable for misleading its customers through false or deceptive advertising. This includes liability for a business’s competitors, who could potentially suffer financial losses as a result of the deceiving advertisement. Delaware law also prohibits “bait and switch” false advertising, which is when a business advertises products or services at a low price that are not actually available. This is considered to be a form of fraud and can result in substantial penalties for the business. In addition, businesses must be careful to verify any advertising claims they make; false promises or representations made in an advertisement could lead to liability for the business.
Related FAQs
Is there any protection for the use of personal names as trademarks?How does the Federal Trade Commission (FTC) regulate unfair competition?
Is trademark infringement a form of unfair competition?
How is trademark infringement different from unfair competition?
What are the elements of a tortious interference with contractual relations claim?
How does the Digital Millennium Copyright Act (DMCA) protect against unfair competition online?
Are there any defenses to an Anticybersquatting Consumer Protection Act claim?
What are the remedies available in a UDRP claim?
Are there any special rules for unfair competition related to the internet?
What are the elements of a trademark infringement claim?
Related Blog Posts
What Is Unfair Competition Law and How Can It Protect Your Business? - July 31, 2023Understanding Unfair Competition Law: What You Need to Know - August 7, 2023
Unfair Competition Law: Key Concepts and Terminology - August 14, 2023
The Basics of Unfair Competition Law for Business Owners - August 21, 2023
How to Recognize and Respond to Unfair Competition Practices - August 28, 2023