Legal Question in Consumer Law in California

Can Business Name Be Considered False or Misleading Advertising?

Hi, I want to make a new website business called "Best-Investment-Homes.com" (name slightly changed) but I'm worried that consumers may sue me for making exaggerated claims with the word "Best".

Is it ok to use this name? Am I required to post disclaimers that "Best" is just a personal opinion? Should I even be worried at all...?

Thank you much in advance.


Asked on 2/07/13, 7:12 pm

1 Answer from Attorneys

Robert Kubler The Kubler Law Firm

Can Business Name Be Considered False or Misleading Advertising?

Yes if it is likely to misled the public. The fact you're asking this I would say do not to use the word "best." There are other superlatives that companies use all the time that sound great but don't mean much (for example "premium" beer).

"I'm worried that consumers may sue me"

Reason enough not to do it. But not only that, the local District Attorney could potentially sue you to protect the public from being deceived.

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Answered on 2/13/13, 11:37 pm


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