Question

In an advertisement, FreshAir, Inc. stated that its air freshener lasted for 3 hours while the competitor's Smell Sweet lasted for only 36 minutes. In fact, Smell Sweet freshens the air for more than 2 hours. FreshAir has not violated the Lanham Act because the First Amendment's guarantee of freedom of speech applies.
A) True
B) False

Answer 1

Answer:

B) False

Explanation:

The Lanham Act of 1946 protects the owner of a trademark against any use that may result in consumer confusion and also regulates unfair competition, especially false advertisement.

In its ad, FreshAir is making false claims about Smell Sweet's air freshener. Therefore, Smell Sweet can sue FreshAir for defamation and false advertising.