Asked by Earl Jeane Salazar on Jun 28, 2024
Verified
What is the Lanham Act? To succeed in suit under the Lanham Act,what must a company that believes its competitor is using misleading advertising prove?
Misleading Advertising
Describes promotional activities that deliberately deceive or create a false impression about the nature, characteristics, or benefits of a product or service.
Lanham Act
United States legislation that provides trademark protection and combats misleading advertising and unfair competition.
- Understand the critical elements of the Lanham Act and their impact on advertising and the safeguarding of trademarks.
Verified Answer
MS
MaKenzie SovngardeJul 03, 2024
Final Answer :
The Lanham Act's main focus is trademark registration and protection,but it also gives competitors the right to sue for false or misleading advertising damaging to them. To succeed under the Lanham Act,a plaintiff must prove that the defendant made a "factual misrepresentation" about a product or service beyond mere "puffery."
Learning Objectives
- Understand the critical elements of the Lanham Act and their impact on advertising and the safeguarding of trademarks.
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