Monday, November 7, 2011

15 U.S.C. sec. 1125(a)(1)

This statute has been used to protect trademarks.  It makes a civil cause of action for anybody who is likely to be damaged when:
  • A person, business, or government entity;
  • Uses a word, symbol, or device
    • or uses lies to misrepresent where a good or service comes from or to describe goods or services;
  • The use is made in connection with a good or service;
  • The use is made in commerce;
  • And that use is likely to cause confusion, mistake, or deceit as to connection to another person or another place of origin;
    • or when the use is an advertisement that misrepresents the nature, characteristics, qualities, or geographic origin of the goods or services;
Note: When the person who is likely to be harmed wants to sue to protect their alleged trade dress, that person must first prove that their alleged trade dress is not functional.




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