There may come a time (but hopefully not) where you need to write a website disclaimer, email, Facebook post, whatever trying to dispel consumer confusion and head off an advertising lawsuit. How might you do that? Keep editing if your first draft looks something like this: “We have learned that some customers are confused and think that we sell ABCompetitor’s Cool Toys. Please take note that we are not related to ABCompetitor.”
Let’s see how this played out in a recent order issued by the Northern District of California in United Tactical Systems, LLC v. Real Action Paintball, Inc., Case No. 14-cv-04050-MEJ.