It is administered by the Federal Trade Commission, no private rights of action are allowed under it. For an action under the Lanham act a competitor instituting a suit has to show either infringement of a trademark or false advertising. There is no requirement that the plaintiff show that the defendant intended to deceive. The mere fact that a substantial number of people are left with a false impression or a misrepresentation relates to an inherent quality or characteristic of the product that may induce people to buy it is enough to establish a violation. In deception cases the plaintiff normally has to show that some significant segment of the population has been misled.
Comparative advertising can be a particular problem.
If one company compares its product with another by name or trademark and says its product is superior, it should be prepared to prove its claim with tests and data. Comparative statements that cannot be supported may well lead to trade disparagement suits. Accusations of misuse of trademarks is resulting in a growing number of lawsuits. A trademark is a word, symbol or devise used by a seller of a product or service to identify and distinguish its products and services from those of others. A trademark infringement suit may involve accusations that someone has diluted the mark without permission by using it in an improper manner, has unlawfully appropriated it by using it in an unauthorized manner, or used a mark that is confusingly similar.