false advertising
false advertising 虚假广告
Search Results for: FALSE ADVERTISING
false advertising
false advertising, n. 1. The tortious and sometimes criminal act of distributing an advertisement that is untrue, deceptive, or misleading; esp., under the Lanham Trademark Act, an advertising statement that tends to mislead consumers about the characteristics, quality, or geographic origin of one’s own or someone else’s goods, services, or commercial activity. • Under §
section 43(a) action
Section 43(a) action. Trademarks. A private cause of action codified in the Lanham Trademark Act and covering a broad spectrum of deceptive trade practices, including passing off, false advertising, trade-dress infringement, trademark dilution, and cyberpiracy. 15 USCA § 1125(a).
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unfair competition
unfair competition. 1. Dishonest or fraudulent rivalry in trade and commerce; esp., the practice of endeavoring to pass off one’s own goods or products in the market for those of another by means of imitating or counterfeiting the name, brand, size, shape, or other distinctive characteristic of the article or its packaging. [Cases: Trade Regulation
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right of publicity
right of publicity. The right to control the use of one’s own name, picture, or likeness and to prevent another from using it for commercial benefit without one’s consent. [Cases: Torts 8.5(6). C.J.S. Right of Privacy and Publicity §§ 9–16, 40–43, 45.] “The right of publicity is a state-law created intellectual property right whose infringement
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single source requirement
single-source requirement. Under the common-law tort of false advertising, the necessity to show that the plaintiff is the only supplier of the genuine goods in question and that buyers would have bought the plaintiff’s goods if the true nature of the defendant’s goods had been known. Ely–Norris Safe Co. v. Mosler Safe Co., 7 F.2d
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uniform deceptive trade practices act
Uniform Deceptive Trade Practices Act. A 1964 model state statute that codified many common-law intellectual-property torts, such as trademark infringement, passing off, trade disparagement, and false advertising, and that provided additional consumer protection against other forms of commercial deception. • The Act provides a laundry list of prohibited practices, all involving misrepresentation. — Abbr. UDTPA.
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unfair trade practices and consumer protection law
Unfair Trade Practices and Consumer Protection Law. A model statute patterned on the Federal Trade Commission Act and proposed by the FTC in 1967 for adoption by the states; a state law providing consumer-protection remedies, including private causes of action, for deceptive trade practices and false advertising. • The Act gives the state attorney general
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sole source rule
sole-source rule. In a false-advertising action at common law, the principle that a plaintiff may not recover unless it can demonstrate that it has a monopoly in the sale of goods possessing the advertised trait, because only then is it clear that the plaintiff would be harmed by the defendant’s advertising.
aspirin wars
aspirin wars. Slang. A series of false-advertising lawsuits between makers of over-the-counter pain relievers in the 1980s, all regarding the boundaries of comparative advertising.