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Trademark and Unfair Comp. Boston College Law School April 1, 2009 False Designation, False Advertising. Trademark Causes of Action. Infringement Registered Trademarks False Designation of Origin (Unregistered) Dilution False Advertising Cybersquatting. False Designation of Origin.

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Trademark and Unfair Comp.


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trademark and unfair comp

Trademark and Unfair Comp.

Boston College Law School

April 1, 2009

False Designation, False Advertising

trademark causes of action
Trademark Causes of Action
  • Infringement
    • Registered Trademarks
    • False Designation of Origin (Unregistered)
  • Dilution
  • False Advertising
  • Cybersquatting
false designation of origin
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
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
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)”.
hypothetical
Hypothetical

Crazy Cola

The exact same formula asCoca Cola®

false advertising9
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.
false advertising11
False Advertising
  • Literal falsehood
  • Implicit falsehood
    • What is the implied message?
    • Is it false?
hypothetical14
Hypothetical
  • “Unlike Mylanta, Tums is aluminum-free”
administrative details
Administrative Details
  • Next Assignment
    • VII.C – Dilution