It is pretty rare for the Lanham Act and state law deceptive advertising cases to involve political candidates, but a case in Virginia shows how advertising law can be used to help candidates who have been harmed by entities trying to raise money using their name and likeness. We have more information on the political implications of this settlement on the Political Law Briefing Blog.
How it all Started
In 2013, Ken Cuccinelli was running for governor of Virginia, and a political action committee (“PAC”) decided it would raise money, ostensibly to help him win. What Mr. Cuccinelli discovered, however, was that he only received a small amount of the money raised, and the PAC did not execute its promises of a get-out-the-vote campaign for him. Nearly a year after the election, he sued the PAC and the principals involved for false advertising. The defendants filed a motion for summary judgment. The court held a settlement conference, and the defendants ended up paying Mr. Cuccinelli $85,000, provided him their mailing lists of donors so he can use or rent those lists, and agreed to honor requests from candidates to stop using their name an image. Continue Reading