Photo of Robert Rouder (US)

Brand promotion may be seen as encompassing (at least) three distinct but overlapping modes:

(i)  Advertising for the moment—the message is meant to drive immediate sales;

(ii)  Advertising for post-sale burnishment—the message does more than sell products today, it builds

On October 17, 2016, a US federal trial court in the District of Columbia ruled that a competitor may pursue a Lanham Act claim for false advertising due to a container of black pepper. Watkins Inc. v. McCormick & Co.