Intellectual Property

False Advertising

Under 15 U.S.C. § 1125 (of the Landham Act), false advertising requires:

    1. false designation of origin;
    2. false/misleading description; or
    3. false/misleading representation of fact;
  1. in commercial advertising/promotion
  2. misrepresents nature/character/quality/geography of goods and sources of himself or another
  3. person is harmed

False endorsement is also false advertising.