Trademark and Unfair Comp. Boston College Law School November 11, 2004 False Advertising

Trademark Causes of Action Infringement –Registered Trademarks –False Designation of Origin (Unregistered) Dilution False Advertising Cybersquatting

False Advertising Lanham Act §43(a)(1) –Any person who, on or in connection with any goods or services … uses in commerce any word, term, name, symbol, or device … or any false designation of origin, false or misleading description of fact … which -- (B) 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 likely to be damaged by such act.

Smith v. Chanel “We dare you to try to detect any difference between Chanel #5 and Ta’Ron’s 2nd Chance $25. Order form listing “Second Chance” and underneath it, “(Chanel #5)”.

Hypothetical Crazy ColaThe exact same formula asCoca Cola ®

False Advertising Lanham Act §43(a)(1) –Any person who, on or in connection with any goods or services … uses in commerce any word, term, name, symbol, or device … or any false designation of origin, false or misleading description of fact … which -- (B) 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 likely to be damaged by such act.

Coca Cola v. Tropicana “It’s pure, pasteurized juice as it comes from the orange.”

Clorox v. P&G “Whiter is not possible” “Compared with detergent, whiter is not possible” Ace con Blanqueador

Hypothetical “Unlike Mylanta, Tums is aluminum-free”

Administrative Details Next Assignment –VII.D - Attribution & Publicity