Lanham Act Section 43

International conventions 1127 section 45 of the lanham act.

Lanham act section 43. And amendments made to 7 a by the act of. As originally enacted section 43 a of the trademark act of 1946 read as follows. 43 a is the likelihood of confusion standard for infringement of an unregistered trademark or trade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.

Code and the u s. 1124 section 42 of the lanham act. Government publishing office in february 2016.

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. Section 43 a of the lanham act defined. Taken from the u s.

1125 section 43 of the lanham act. Lanham act 43 a 15 u s c. Code citations have been placed at the beginning of each section and subsection.

Section 43 of the lanham act states that an entity making false or misleading representation of either its own products or of the products of another company can be held liable in a civil action by any person or entity who claims one s interests were damaged by that falsehood. Importation of goods bearing infringing marks or names forbidden 1125 section 43 of the lanham act. False designations of origin false descriptions and dilution forbidden.

A federal statutory remedy a private remedy for misleading advertising is however provided by one federal statute section 43 a of the lanham act this section grants a statutory remedy for false advertising without the constraints of the common law causes of action 9 while section 43 a is part of a. The text of section 43 a of the lanham act provides that. 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.