Trademarks - False Advertising

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Multi-State
Control #:
US-JURY-11THCIR-10-8
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Word
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Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions
Trademarks — False Advertising is a form of deceptive advertising in which a company falsely claims the product or service they are offering is associated with a well-known trademark. This type of false advertising can be used to deceive customers, hurt the reputation of the trademark owner, and/or gain an unfair competitive advantage. Types of Trademarks — False Advertising include: unlicensed trademark use, counterfeiting, passing off, and comparative advertising. Unlicensed trademark use involves using a trademark without permission from the trademark owner, while counterfeiting involves intentionally using a trademark in an attempt to deceive consumers. Passing off is when a company uses a trademark that is similar to a well-known trademark in an attempt to mislead customers. Comparative advertising is when a company compares their product or service to another company’s product or service in a way that is misleading or false.

Trademarks — False Advertising is a form of deceptive advertising in which a company falsely claims the product or service they are offering is associated with a well-known trademark. This type of false advertising can be used to deceive customers, hurt the reputation of the trademark owner, and/or gain an unfair competitive advantage. Types of Trademarks — False Advertising include: unlicensed trademark use, counterfeiting, passing off, and comparative advertising. Unlicensed trademark use involves using a trademark without permission from the trademark owner, while counterfeiting involves intentionally using a trademark in an attempt to deceive consumers. Passing off is when a company uses a trademark that is similar to a well-known trademark in an attempt to mislead customers. Comparative advertising is when a company compares their product or service to another company’s product or service in a way that is misleading or false.

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FAQ

Yes, there are laws that forbid companies from misleading consumers with deceptive product labels or false advertisements. An attorney can help you determine the laws under which you can file a false advertising lawsuit in your state.

The FTC has primary responsibility for determining whether specific advertising is false or misleading, and for taking action against the sponsors of such material. To file a complaint with the FTC, go to ReportFraud.ftc.gov/#/? orgcode=FCC or call toll-free 1-877-FTC-HELP (1-877-382-4357).

Deceptive misdecriptive trademarks suggest a component, ingredient or objective that would mislead consumers. For example, an ice cream branded VANILLA SNOW but flavored chocolate might be deemed deceptive. Misdescriptive marks are not ?deceptively misdescriptive? unless there is some element of deception.

To bring a claim for false advertising, the plaintiff must show: The defendant made false or misleading statements as to their own products (or another's); Actual deception occurred, or at least a tendency to deceive a substantial portion of the intended audience;

There must be a representation, omission, or practice that misleads or is likely to mislead the consumer. An act or practice may be found to be deceptive if there is a representation, omission, or practice that misleads or is likely to mislead a consumer.

Importance of the Lanham Act in protecting against false advertising. Overall, the Lanham Act provides important protections against false advertising, allowing individuals and companies to seek legal recourse when they have been harmed by false or misleading advertising.

California Law: False or Deceptive Advertising is Prohibited Under state law (California Business and Professions Code § 17500), false and deceptive advertising is strictly prohibited. A company that violates the state's false advertising regulations could be held both civilly and criminally liable.

The best defense against potential claims of false advertising is substantiation. The best time to get substantiation is before the alleged false advertising claims are made. Third Circuit ? Marketing ?that is not deceptive, for no one would rely on its exaggerated claims.?

More info

False advertising issues continue to plague brand names and trademarks in a variety of forums and contexts. False advertising is an actionable civil claim under Section 43(a) of the Lanham Act.A false or misleading statement. 2. Many have heard the phrase "false advertising," but few know what it means. True to its name, the text of the TMA addresses a number of issues around trademarks and doesn't specifically mention false advertising claims. Recognized our trademark lawyers Christina Martini, Jennifer Mikulina, Sarah Bro and Robert Zelnick as outstanding individual trademark law practitioners. Trademarks and False Advertising. It includes causes of action for trademark infringement-type "passing off" claims, false advertising, trademark dilution, and domain-name cyberpiracy. Before the Lanham Act took effect, there was no comprehensive deterrent against competitors using similar trademarks or selling counterfeit items. Branding, marketing, and advertising set a company apart from its competitors and create core equity and significant goodwill.

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Trademarks - False Advertising