Saleh and Scheipeter Examine the Intersection of Trademark and False Advertising Claims in Los Angeles Daily Journal
Stinson LLP attorneys Joseph Saleh and Julie Scheipeter authored an article for the Los Angeles Daily Journal examining how brand disputes can extend beyond traditional trademark infringement claims and raise broader false advertising and unfair competition issues.
In the article, Saleh and Scheipeter explain that disputes involving similar names, packaging, search terms or other competitive conduct often require businesses to look beyond whether consumers may be confused about the source of a product or service. They discuss how analyzing consumer perception and the nature of the alleged harm can help determine whether a dispute is best addressed through trademark claims alone or through additional false advertising and unfair competition theories.
The authors highlight how claim selection can influence discovery strategy, available remedies and settlement leverage, emphasizing that businesses should consider early in the dispute how different legal theories may support their broader objectives.
"A marketplace dispute may involve more than confusion over who made the product or provided the service," Saleh and Scheipeter wrote. "The real problem may be that consumers are being led to believe something inaccurate about price, quality, endorsement, affiliation, ingredients, geographic origin, comparative performance, or the relationship between two businesses."
The article also discusses recent trademark decisions, including the importance of consumer-perception evidence, and provides practical considerations for businesses navigating brand disputes in today's competitive marketplace.
Scheipeter focuses her practice on intellectual property litigation and trademark prosecution, representing plaintiffs and defendants in trademark, trade secret, copyright, patent and false advertising cases in federal courts nationwide. She has experience working with clients ranging from single member LLCs and family-owned businesses to large corporations.
Saleh's practice focuses on business and intellectual property litigation, with experience representing clients in complex disputes in both federal and state courts. His work includes matters involving trademarks, patents, and commercial disputes.
Sign in to the Los Angeles Daily Journal to read the full article.
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