Section 43 A Of The Lanham Act

A plaintiff that prevails on a lanham act claim can obtain an injunction against the false or misleading advertising as well as damages and in certain cases attorneys fees.

Section 43 a of the lanham act. 1124 section 42 of the lanham act. 43 a is the likelihood of confusion standard for infringement of an unregistered trademark or trade dress and courts still frequently refer to the provision as section 43 a. Included are an amendment to repeal 40 by the act of may 24 1949 63 stat.

There are two especially significant differences between the common law and 43 a of the lanham act. 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 or is likely to be damaged by such act. Although the lanham act is often known as a trademark statute it also protects businesses against the unfair competition of misleading advertising or labeling.

Second intent to deceive is not required under 43 a. 1125 section 43 of the lanham act. Any person who shall affix apply or annex or use in connection with any goods or services or any container or containers for goods a false designation of origin or any false description or.

1125 section 43 of the lanham act. 1 infringement of unregistered trademarks service marks trade names and trade dress and 2 false advertising and product disparagement. You might have a federal claim under section 43 a of the lanham act.

False designations of origin false descriptions and dilution forbidden taken from the u s. Importation of goods bearing infringing marks or names forbidden. 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 false or misleading description of fact or false or misleading representation of fact which a is likely to cause confusion or to cause mistake or to deceive as to the affiliation connection or.

Today section 43 a of the lanham act1 is the preeminent federal law for asserting claims in private litigation against two distinct types of unfair competition. First 43 a provides a remedy where there is no palming off see infra note 12 or disparagement. 1125 false designations of origin false descriptions and dilution forbidden.