LegalZoom makes various #1 claims, including that it is the “#1 choice for online small business formation,” that it is “#1 rated by small businesses,” and that is “voted #1 by small businesses.” ZenBusiness challenged these claims in the same case we wrote about yesterday. In some industries, companies can look to empirical third-party data (such as sales data) to support these types of claims. When that doesn’t exist, companies are left to find their own support. NAD’s decision show how tricky that can be.
https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-decision-considers-1-claims
Gonzalo Mon
gmon@kelleydrye.com
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