Bloomberg Law | IP battles carry high defamation risks over public accusations

White & Case partners Markus Funk and Melissa Anyetei published an article in Bloomberg Law on how aggressive public relations tactics in intellectual property disputes can create significant and often overlooked legal exposure beyond the courtroom.

The article explains that for sophisticated companies, IP enforcement communications has become a competitive weapon, and that press releases, customer alerts and social media campaigns can exert enormous commercial pressure long before any judicial ruling. But when these communications blur the line between allegation and established fact, they can trigger defamation, trade libel, tortious interference and Lanham Act false advertising claims, particularly where statements are false, exaggerated or disseminated more broadly than reasonably necessary. The authors also outline a practical risk framework for IP-related enforcement communications and emphasize that companies should apply the same discipline to external messaging as they do to pleadings.

Read the full article here.

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