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.
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