This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Intellectual Property

Jul. 20, 2026

When brand disputes become false advertising cases

Brand disputes are not always just about trademark confusion; businesses can gain strategic advantages by identifying when misleading advertising, unfair competition and consumer perception issues tell a broader story.

Julie Scheipeter

Partner
Stinson LLP

Email: julie.scheipeter@stinson.com

See more...

Joe Saleh

Associate
Stinson LLP

Email: joseph.saleh@stinson.com

See more...

When brand disputes become false advertising cases
Shutterstock

Brand disputes often begin with a familiar complaint: a competitor adopted a similar name, bought search terms, used comparable packaging, or suggested an association that does not exist. The first instinct is often to call it a trademark case.

That instinct is often right, but it isn't always the complete picture.

A marketplace dispute may involve more than confusion over who made the product or provided the service. The real probl...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up