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4 Cards in this Set
- Front
- Back
Lanham Act
To bring a cause of action, P must establish 3 elements... |
(1) Involvement of goods or services;
(2) Effect on interstate commerce; and (3) A false designation of origin or false description of the goods or services |
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Lanham Act
What does the Act seek to prevent? |
False Advertising!
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Lanham Act
Six factors that the court used when deciding the issue of "likelihood of confusion." |
(1) The STRENGTH of Plaintiff's marks and name;
(2) The SIMILARITY of plaintiff's and defendant's marks; (3) The PROXIMITY of plaintiff's and defendant's products; (4) Evidence of ACTUAL CONFUSION as to the source or sponsorship; (5) SOPHISTICATION of the defendant's audience; and (6) Defendant's good or bad faith |
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Lanham Act
Rogers Test - A title using a celebrity's name will be protected from a false advertising claim unless: |
(1) it has no artistic relevance to the underlying work; OR
(2) If there is artistic relevance, the title "explicitly misleads as to the source or the content of the work." |