False Advertising Damages

Crafting false advertising remedies and writing effective Rule 26 Reports requires in-depth knowledge of advertising, the law, and financial analyses. Our team at Hampton IP has more than three decades of Lanham Act and common law experience calculating price erosion, lost market share, increased advertising spend, and corrective advertising. In addition, we can recommend to you the finest survey and advertising experts with whom we have worked closely in the past.

Litigation Support for Your False Advertising Case

To present a well-reasoned monetary remedy lawyers reach out to our economic experts to investigate the appropriate monetary remedy that fits the facts of each case. Through our rigorous research, we have helped clients reach and defend multimillion-dollar settlements. We evaluate the facts and write Rule 26 Reports that are thoughtful, concise, and supported by the evidence.

Gathering evidence of monetary damages for a false advertising claim involves:

• Determining the relevant underlying facts
• Assessing the impact of false advertising on the plaintiff’s and the defendant’s sales and goodwill
• Calculating deductible costs
• Considering unjust enrichment and/or lost profits
• Apportioning profits with consideration of the defendant’s enterprise value