Search results
Results from the WOW.Com Content Network
§§ 32 and 43 of the Act (now known as 15 U.S.C. §§ 1124–1125) set out the remedies that can be sought when a trademark is infringed. Notably, Section 43(a) of the Lanham Act focuses on false advertising and unfair competition, providing a legal recourse for individuals and businesses. [10]
The United States federal government regulates advertising through the Federal Trade Commission [49] (FTC) with truth-in-advertising laws [50] and enables private litigation through a number of laws, most significantly the Lanham Act (trademark and unfair competition). Specifically, under Section 43(a), false advertising is an actionable civil ...
False advertising; Standing Majority: Scalia: Lanham Act: Standing to maintain a false advertising action under the Lanham Act is determined by a test which considers both zones of interest and proximate causation. Pom Wonderful v. Coca-Cola, Inc. 572 U.S. 102: June 12, 2014: 8–0: Procedural: False advertising; Private right of action ...
[5]: 2 Therefore, there was no Lanham Act false advertising violation. [5]: 2–3 Trademark dilution – Tiffany also challenged eBay's practice constitute trademark dilution under the Lanham Act, 15 U.S.C. § 1125(c), as well as under New York General Business Law § 360-l. Specifically, Tiffany argued that eBay was liable for dilution by ...
In 1946, Congress enacted the Lanham Act in order to govern the use of trademarks.Among its stated aims was the regulation of "commerce within the control of Congress by making actionable the deceptive and misleading use of marks in such commerce," [5] and provision was made for civil enforcement actions to be available for private parties in the federal courts.
On March 25, 2014, the US Supreme Court unanimously affirmed the Sixth Circuit's holding that Static Control did have standing to sue under the Lanham Act. [3] The Court developed a new test for assessing standing in false advertising, rejecting the existing tests, including the Sixth Circuit's "reasonable interest test". [50]
The NBA asserted 6 claims: unfair competition by misappropriation, false advertising under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), false representation of origin under section 43(a) of the Lanham Act, state and common law unfair competition by false advertising and false designation of origin, federal copyright infringement and
The Lanham Act prohibits "the deceptive and misleading use of marks" to protect business owners "against unfair competition." [4] The Act defines trademarks as "any word, name, symbol, or device or any combination thereof" used by any person "to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the ...