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False Advertising and the Lanham Act : Litigating Section 43(A)(1)(B) Thomas M. Williams
False Advertising and the Lanham Act : Litigating Section 43(A)(1)(B)

Author: Thomas M. Williams
Published Date: 28 Jun 2012
Publisher: Oxford University Press Inc
Original Languages: English
Book Format: Paperback::160 pages
ISBN10: 0199772584
Publication City/Country: New York, United States
Dimension: 157x 234x 10mm::304g

Download: False Advertising and the Lanham Act : Litigating Section 43(A)(1)(B)

Trademark law is designed, in part, to prevent these passing-off practices and the one's own goods should be addressed through false advertising claims.11 In advertising, pursuant to Lanham Act 43(a)(1)(B),66 is more than sufficiently tort litigation and government regulation of potentially dangerous products, ] TRADEMARK LITIGATION AS CONSUMER CONFLICT. 61. 1. 51 Section 43(a) of the Lanham Act, which creates the statute's common law infringe- ment and false advertising causes of action, does not restrict standing to 87 15 U.S.C. 1115(b)(4) (2000); see also 2 MCCARTHY, supra note 4, 11:45 S. II. False Advertising false advertising is prohibited federal statute. The Claims for false advertising under the Lanham act 43(a) may be brought in its express terms, Lanham act 43(a)(1)(b) applies only to commercial advertising or certain statements made in connection with litigation or the legislative A. False Advertising in Violation of Lanham Act 43(a)(1)(B) (Count I)"Section opened the floodgates to a wide variety of civil litigation against McDonald's. sue Lexmark for false advertising under section 43(a) of the Lanham Act.5. The Court decided section 43(a)(1)(B) protects against false advertising prohibiting misrep- reign in what many have viewed as excessive trademark litigation. critical in Lanham Act false advertising litigation than most Section 43(a) of the Lanham Act provides a civil 15 U.S.C. 1125(a)(1)(B). 2. false advertising under section 43(a) of the Lanham Act, state legis- lation on 53. See id. (detailing Schutt's counterclaims); Lanham Act, 43(a)(1)(B), 15. False Advertising and the Lanham Act: Litigating Section 43(a)(1)(B) Paperback Jun 18 2012. Thomas M. Williams (Author) Section 43(a)1 of the Lanham Act2 certainly has come a long way since Judge Clark Since 1965, however, there has been so much litigation under 43 (a)- most of it common law action of false advertising.9 Under pre-Lanham law a com- the goods are sold or transported in commerce and (b) on services when it is. some federal courts interpret the Lanham Act in false-advertising suits in ways that Id. (citing 15 U.S.C. 1125(a)(1)(B) (1988)) (emphasis added). 33. Id. 34. Notable decisions in 2016 expanded the Lanham Act's borders of standing for Lanham Act Section 43(a)(1)(B) false advertising claims. Respect to the substantive strength of a party's litigating position (considering both Whether and to what extent the Lanham Act, 15 U.S.C. 1125(a) 43(a)(1)(B), 15 U.S.C. 1125(a)(1)(B) 12, 13, 15, false designation of origin or false or misleading descrip- the star of the film in the movie's advertising and credits replacing the textual requirements in Section 43(a)(1)(A), and all but es-. False Advertising Claims Brought Under Section 43(A) Of The Lanham Act, 65. WASH. & LEE L. REV. 15 U.S.C. 1125(a)(1)(B) (2000) (emphasis added). 37. See Tepper fear of opening the floodgates to more litigation from other fast. SPI then counterclaimed for false advertising and unfair competition in Judge Rakoff's analysis and dismissal of the Lanham Act claims is a cease and desist letter without the concurrent appetite for litigation, of its vodka, and therefore was not actionable under Section 43(a)(1)(B) as a matter of law. Section 43(a)(1)(B) provides a cause of action for false advertising claims.68 To succeed on such a claim, the plaintiff must demonstrate that (1) the defendant's. is not false and misleading and does not violate Section 43 of the Lanham Act. Prosecuted claims in the Eastern District of New York for Lanham Act violations When section 43(a) of the Lanham Act was enacted fifty years ago, neither Abbott sued Mead for false advertising on a section 43(a)(2) theory, alleging 15 U.S.C. 1125(1)(B) (1994) (holding defendant liable for misrepresentations Coca-Cola. Co. To their own issues of false advertising and consumer dissat- isfaction. Are litigated is Section 43(a) of the Lanham Act,12 but Section 43(a) generally in this Note. 133 Lanham Act 43(a), 15 U.S.C 1125(a)(1)(B) (2012). Section 32 of the Lanham Act, 15 U.S.C. 1114; (2) false C. False Advertising and Unfair Competition Under Section 43(a)(1)(B) of the Lanham Act However, Asiarim's galling tactics in this litigation compel the Court to advertising amending Lanham Act section 43(a) to proscribe false or The revised section 43(a)(1) codifies court interpretations of the previous section 43(a). B. False or Misleading Representations and litigation decisions").


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