Discuss the Lanham Act and how it affects advertising. What elements are necessary to win false advertising claim under the Lanham Act?
The Lanham Act defines the statutory and common law boundaries to trademarks and service marks. Trademarks (and service marks) are words or designs used in the advertising of goods and services. Rights to use a trademark are defined by the class(es) for which the trademark is used. Therefore, it is possible for different parties to use the same trademark in different classes ...
A discussion of the Lanham Act is given. The elements necessary to win false advertising claims under the Lanhan act is analyzed.