Businesses mostly focus on securing their intellectual property through trademarks, patents, industrial designs, and copyrights. Most companies overlook the marketing strategies or methods. Misleading advertisements can create serious IP issues and can also lead to costly legal disputes. False claims and advertisements can affect the reputation and financial stability of a business. Most companies overlook how their product is being advertised. Businesses should take proper consideration while stating claims about their products.
What is misleading or false advertising?
A misleading or false advertisement is a marketing con that uses false claims to attract consumers. Misleading advertisements can happen intentionally or through exaggeration. Sometimes, businesses make inaccurate statements about the features of their products. Misleading visuals can give a false impression of a product, which is one of the major misleading advertisement strategies. Making claims without any evidence will also come under misleading claims. For instance, stating or providing improper data regarding the features, performance, functions, and other aspects of a product.
Key instances where advertisements can affect business
Exaggerating about IP assets
Companies could exaggerate about their IP assets to attract customers and to gain a competitive advantage. But misrepresenting IP assets could infringe upon competitors’ IP rights and could eventually lead to costly legal battles.
False patent claims
A business that falsely markets a feature of a Patent it doesn’t have could lead to serious issues. Competitors can sue you for this, and it could damage the reputation of the business. Also, certain businesses may claim to have patent protection even if their application is rejected, and all these could lead to serious legal issues. A false patent claim could infringe upon others’ IP rights. Businesses should be aware of how they market their products. Companies should make sure that their R&D and marketing teams work together to prevent misrepresentation of product details.
Deceptive claim of IP ownership
If a business claims proprietary rights to a product without any IP protection, it is false IP advertisement. Companies could try to mislead customers about the value of their product by claiming to have IP ownership. This act violates the UAE IP laws and could lead to imprisonment and fines.
Unauthorised use of a trademark
In comparative marketing, businesses may reference competitors, but using a competitor’s trademark can expose them to legal risks. If the comparison is misleading, then it could create severe legal issues. So, try not to use the brand name or logo of your competitors because such marketing methods could lead to trademark infringement.
Misleading comparison of products
Your competitors may try to damage your goodwill and reputation through misleading product comparisons. Comparative marketing may raise intellectual property issues if a competitor compares your product’s features in a way that harms your brand value, in which case you may have grounds for legal action.
Choosing a unique method to market your business products will be useful to stay competitive in the market. But in marketing, they should not overstate the features of their products, because it could affect their reputation and financial stability. Online marketing is a key strategy for promoting products, and businesses must understand how their brand is represented in the market. Additionally, companies should monitor the online platforms to determine if the competitors are infringing upon their rights, and this can be done with the guidance of IP professionals in the UAE.
How to secure your brand from false advertising claims?
Ensure that all claims are supported by relevant evidence, and have legal professionals review your marketing methods. Try to avoid exaggeration of the specific features of your products. Your competitors may accuse you of false advertising, and to defend this, your business should have proper documents that support your claims.
Secure your IP rights in the UAE with the guidance of IP professionals:
Your competitors could intentionally or unintentionally infringe upon your IP rights through misleading advertisements, which could affect your market position. Businesses should monitor online platforms to find out potential infringement. Also, companies should review their marketing material carefully to ensure that they are not infringing on others. Jitendra Intellectual Property can help you secure your IP in the UAE. Our team can help you with IP monitoring, and we can also help you defend against false advertising claims.
