On Black Friday 2021, one of the most popular shopping days of the year, Patagonia matched its sales with donations to organizations fighting climate change, resulting in a donation of $10 million to grassroots organizations…
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Substantiate, Don’t Exaggerate: NAD won’t let you exaggerate a competitor’s flaws, even if your product truly solves the problem
NAD rules that inflating claims against competitors is unfair If your service really is 20 times better than a competitor’s, how do you fairly substantiate the claim and publish an ad? The National Advertising Division…
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The Importance of Substantiating Advertising Claims With Surveys
In October, the National Advertising Review Board ruled against a pasta advertisement Goya Foods had been running in Puerto Rico. Goya had been selling its Excelsior brand pasta on the island with the tagline “La…
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When Not To Conduct an Advertising Claim Substantiation Survey
An Advertising Claim Substantiation Survey Gone Wrong Survey results indicating that Schmidt’s deodorant helps consumers feel dry do not substantiate an advertising claim that the deodorant absorbs wetness. That is the opinion of the National…
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The Challenge of Replicating Marketplace Conditions in Intellectual Property Surveys
In intellectual property matters, surveys are used to examine a variety of issues, including likelihood of confusion, secondary meaning, deceptive advertising, and consumer response to marketplace practices such as prices or packaging. Surveys are often…
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