Under Section 43(a) of the Lanham Act 15 U.S.C. 1125(a), it is deemed unfair competition to misrepresent the nature or quality of ones services or the services of a competitor.  While many people consider their advertising to ensure that they are not violating this federal law, more care should be given to press releases and other announcements as well.

 For example, recently a Salt Lake City law firm made an announcement that they had been named among the top firms in the United States based on the number of trademarks obtained according to Intellectual Property Today magazine.  The firm, which ranked 82nd nationally, then went on to state that they were “the only Salt Lake City based firm included in the 2008 rankings of 328 law firms and individuals.”

 While the statement sounds impressive, it is factually inaccurate.  There were at least two other Salt Lake City based firms (not to mention several firms with Salt Lake City offices) which also made the list.  Morris O’Bryant & Compagni was ranked 229th and Bateman IP Law Group was ranked 233rd .  Ironically, both Morris O’Bryant & Compagni and Bateman IP Law Group had substantially higher trademarks per attorney than the firm making the announcement.  The firm in the announcement averaged fewer than four trademarks per attorney, Morris O’Bryant & Compagni averaged nine per attorney, and Bateman IP Law Group averaged 17 per attorney.  Thus, it is a clear misstatement to suggest that they were the only firm listed in the rankings.

 Everyone wants to get good news about their company out for their clients and potential clients to see.  However, in the process of doing so it is important to make sure that one’s facts are correct.  Otherwise, the inaccurate press release or announcement can actually become a negative and could even raise liability for false advertising.