Lanham Act: False Advertising By a Business Competitor

Do I Have a Lanham Claim Against My Competitor for False Advertising? 

If your competitor’s advertising is false or misleading, you are not helpless. You might have a federal claim under Section 43(a) of the Lanham Act. Although the Lanham Act is often known as a trademark statute, it also protects businesses against the unfair competition of misleading advertising or labeling.

A plaintiff that prevails on a Lanham Act claim can obtain an injunction against the false or misleading advertising, as well as damages and, in certain cases, attorneys’ fees. Importantly, consumers do not have standing under the Lanham Act, only competitors.

The Supreme Court in POM Wonderful LLC v. Coca Cola, recently explained why the Lanham Act utilizes competitors as its enforcement mechanism: “Competitors who manufacturer or distribute products have detailed knowledge regarding how consumers rely upon certain sales and marketing strategies. Their awareness of unfair competition practices may be far more immediate and accurate than that of agency rulemakers and regulators.” Thus, the “Lanham Act draws upon this market expertise by empowering private parties to sue competitors to protect their interests on a case-by-case basis.” 

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Modern Imprint Internet Marketing | Methods, Techniques

4 Online Marketing Techniques That Will Get You the Results You Need

To put it plainly, if you have an online business, you need to run online marketing campaigns. In fact, even if you have an offline business, you still most likely need to run an online campaign. 

However, it is important to know the techniques that you have at your disposal before getting started. 

Choosing the right marketing method is the first step, while the second step is to implement it successfully. In that light, take a look at these top online marketing techniques that will help you generate the kind of traffic that your business needs.

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Modern Imprint | Social Media Marketing Tips | Video

Great Marketing Video - Social Media Marketing Tips for Small Business

Modern Imprint | Internet Law | Section 230 of CDA

The Internet Has Grown Up, Why Hasn’t the Law? Reexamining Section 230 of the Communications Decency Act

"the greatest threat to a person’s reputation and online privacy is Section 230 of the Communications Decency Act (CDA). Enacted in 1996, the legislation provides that “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Section 230 of the CDA also includes a “Good Samaritan” provision, which provides that “no provider or user of an interactive computer service shall be held liable on account of…any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, whether or not such material is constitutionally protected.” The impact of Section 230 cannot be overstated. The law immunizes websites for the content published on their sites. More problematic, the law provides no incentive for websites to remove defamatory and harassing content or a mechanism to ensure compliance with takedown orders."

Source: IAPP.org

Modern Imprint Waltham MA | SEO, Google, YouTube, Marketing

Google: SEOs Need 4 Months to a Year for SEO Changes & Ranking Improvement

"In most cases, the SEO will need four months to a year to help your business first implement improvements and then see potential benefit."

Modern Imprint | Social Media Marketing

How to Stay Focused With Your Social Media Marketing

Your personal brand’s time is valuable online, and with so much information out there it is more important than ever to make the best use of it. With a strong and efficient social media plan your business can have an effective reach.

It is important to be actively involved in building relationships with your community. This opens the doors to connecting with other influencers in your industry, which can lead to more prospects.

The key to a streamlined marketing plan is to stay focused on the social networks that matter the most to your audience. This begins with clear goals and regular assessments on your metrics in order to continue to improve. 

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Modern Imprint | Repeal Section 230 Petition

Petition: Repeal Section 230 of the United States Communications Decency Act

"Cyberbullying is an infinite number of times worse than in-person bullying because hundreds of thousands, millions, or more peple get to read and see by video the ugly and hurtful things that are being said to you or about you - even if what is said is untrue. 

Many children are commiting suicide as a result of online posts and many adults are losing their jobs as a result of false information that is published online. It is time for Congress to address this issue in a separate bill and remove the immunity given to website owners/publishers who allow defamatory posts to appear online at their websites. 

Only website owners/publishers have control over what their websites show. With this law, they can (and often do) refuse to delete libelous content in forum posts, ListServ posts, or any other "interactive computer services" as described in the law."

CLICK HERE TO SIGN THE PETITION!