What constitutes "false advertising" in trademark law?

In trademark law, "false advertising" primarily refers to making misleading claims about a product or service that can influence purchasing decisions by consumers. This definition underscores the element of deception; for advertising to be deemed false, it must present information that is not only misleading but also likely to affect the consumer's decision-making process.

This concept is crucial because it protects consumers from being misled and ensures fair competition among businesses. When a company makes claims that lead consumers to believe that its product has characteristics, qualities, or benefits that it does not actually possess, it constitutes false advertising.

The other options do not align with the definition of false advertising. Truthful claims about products do not fit the definition, as they do not mislead consumers. Statements that favor competition are permissible as long as they are accurate and do not mislead. Finally, giving accurate information to consumers is not only acceptable but encouraged in advertising practices, as it helps consumers make informed decisions.