Fulmer Ware LLP ​
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Advertising and Competition

We know how important brand protection is for our clients.  In fact, we deal with advertising and brand protection issues almost everyday, and across a broad spectrum of industries from tech to retail.  Our clients range from Fortune 500 companies with brands that are famous household names to small companies and start-ups that are just building their brand.  We know that advertising and marketing are integral parts of connecting with customers and promoting a company's success. We work with our clients to ensure that advertising and marketing messaging is carried out lawfully, and we protect our clients and their brands from companies that falsely advertise or otherwise compete unfairly.  

In addition to our brand protection counseling practice, we have also litigated a myriad of lawsuits involving claims of false and misleading advertising.  We have prosecuted and defended false advertising and unfair competition lawsuits in both state and federal court.  Whether it be assisting a well known consumer products retailer to protect their famous salad dressing from a competitor who sought to dilute the iconic brand to defending a seller of personal products in a false advertising and unfair competition action involving product labeling, we have the experience that it takes to deliver excellent results for our clients at a reasonable price.

We protect our clients from competitors that seek to raise the brand awareness for their products by unlawfully misappropriating the intellectual property of our clients.  Often competitors will seek to gain a competitive advantage by violating the trademark, copyright or trade dress rights of a successful company.  We use the law to fiercely protect our clients' brands from being diluted and from competitors who seek to free-ride off of the substantial good will that has been built up through selling quality products and investing time and money in advertising and other activities designed to build the brand.  We have also advised clients on advertising and marketing issues involving the FTC and other regulators.  

We protect our clients, many of whom sell products on e-commerce websites such as www.amazon.com ​ with their brand protection issues on the web.  We have advised clients who were victims of unfair competition from other 3rd party sellers on Amazon, and have worked with online retailers to remove infringing content on amazon.com and other e-commerce sites.  We have aggressively defended our clients' intellectual property on the web.  We have also advised clients on how to deal with fake customer reviews​ and other trade libel on e-commerce websites.   Examples of our services include:
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  • Drafting or responding to cease & desist letters for false advertising
  • Preparing or opposing cease & desist letters for trademark infringement
  • Advising and representing clients on trademark dilution related claims
  • Counseling on rights of publicity and false light related issues
  • Litigation and counseling regarding online copyright infringement
  • Online trademark infringement investigations and litigation
  • Defending or prosecuting Lanham Act false advertising and/or unfair competition claims
  • Advising companies on comparative advertising and related claims
  • Counseling clients on responding to requests for information from regulators such as the FTC
  • Advising clients on avoiding liability for false and misleading advertising claims
  • Counseling and litigation involving social media and advertising claims​
  • ​Working with e-commerce sites to remove infringing content and fake customer reviews
  

Selected Matters

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Consumer Products

​A Fortune 500 consumer products company, engaged one of our lawyers to protect its trademark rights in a household brand name from a competitor that was seeking to reenter the US market and use the mark.  By filing a trademark infringement and unfair competition lawsuit against the competitor, the client was able to obtain a favorable settlement early in the case after requesting a court sponsored mediation. 
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Labeling & Advertising

Represented a Personal Products Company that was accused of mislabeling its products and of false advertising under the Lanham Act in a case brought by a competitor.  After reviewing the competitor's packaging and related FDA regulations, we discovered a myriad of errors in the competitor's labels and filed a counterclaim for false advertising. Case settled favorably before discovery and well prior to trial.
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Software & Technology

 Represented online college applications software company in lawsuit involving claims of false advertising.  The client brought suit after it discovered that a competitor was gaining an unfair competitive advantage by unlawfully using Personally Identifiable Information of college applicants and their parents and selling it to banks and other third parties in violation of their stated privacy policy.  By selling the PII, the competitor was able to offer lower prices and thus competed unfairly. ​

FIRM

Fulmer Ware LLP has rebranded and we are now Tactical Law Group LLP.  Please visit us at our new website located at www.tacticallawgroup.com.
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  • Home
  • Professionals
    • Pamela K. Fulmer
  • Practice
    • Intellectual Property
    • Litigation
    • Outside General Counsel Services
    • Software Audit Defense
    • Advertising and Competition
    • Privacy and Data Security
    • Licensing & Contract Disputes
  • Industries
  • Resources
  • Blog
    • Perspectives
  • Contact