Trademark and Unfair Comp. Boston College Law School September 14, 2004 Trade Dress - Part 2.
Trademark and Unfair Comp. Boston College Law School March 19, 2008 False Designation, False...
-
Upload
reynard-lester -
Category
Documents
-
view
215 -
download
0
Transcript of Trademark and Unfair Comp. Boston College Law School March 19, 2008 False Designation, False...
Trademark and Unfair Comp.
Boston College Law School
March 19, 2008
False Designation, False Advertising
Trademark Causes of Action
• Infringement– Registered Trademarks– False Designation of Origin (Unregistered)
• Dilution
• False Advertising
• Cybersquatting
False Designation of Origin
• Lanham Act §43(a) (15 U.S.C. §1125(a)):– (a) (1) Any person who, on or in connection with any
goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin … which --
• (A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person or with another person … shall be liable in a civil action ….
False Advertising
• Lanham Act §43(a)(1)– Any person who, on or in connection with any goods or
services … uses in commerce any word, term, name, symbol, or device … or any false designation of origin, false or misleading description of fact … which --
• (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities,
– shall be liable in a civil action by any person who believes that he or she is likely to be damaged by such act.
Smith v. Chanel
• “We dare you to try to detect any difference between Chanel #5 and Ta’Ron’s 2nd Chance $25.
• Order form listing “Second Chance” and underneath it, “(Chanel #5)”.
False Advertising
• Lanham Act §43(a)(1)– Any person who, on or in connection with any goods or
services … uses in commerce any word, term, name, symbol, or device … or any false designation of origin, false or misleading description of fact … which --
• (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities,
– shall be liable in a civil action by any person who believes that he or she is likely to be damaged by such act.