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Other Causes of Action

Many of the other causes of action for trademarks exist under state unfair competition law. Some of these causes of action include passing off, reverse passing off, contributory passing off, misappropriation, false advertising and false designation of origin, among others.

Passing Off/Reverse Passing Off

Passing off, or palming off, as it is sometimes called, occurs when a producer misrepresents his own goods or services as someone else's. "Reverse passing off," as its name implies, is the opposite: the producer misrepresents someone else's goods or services as his own.

For example, reverse passing off occurs when one sells the goods of another under their name. An example would be someone taking an iPod (R) re-labeling it an "Xpod" and selling it as a product of the individual's own company and not that of Apple, Inc.

False Advertising

Regarding false advertising, the Lanham Act provides, in part, as follows: (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 -- (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 or is likely to be damaged by such act.