Trademarks - False Advertising

State:
Multi-State
Control #:
US-JURY-11THCIR-10-8
Format:
Word
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Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions Trademarks — False Advertising is a form of deceptive advertising in which a company falsely claims the product or service they are offering is associated with a well-known trademark. This type of false advertising can be used to deceive customers, hurt the reputation of the trademark owner, and/or gain an unfair competitive advantage. Types of Trademarks — False Advertising include: unlicensed trademark use, counterfeiting, passing off, and comparative advertising. Unlicensed trademark use involves using a trademark without permission from the trademark owner, while counterfeiting involves intentionally using a trademark in an attempt to deceive consumers. Passing off is when a company uses a trademark that is similar to a well-known trademark in an attempt to mislead customers. Comparative advertising is when a company compares their product or service to another company’s product or service in a way that is misleading or false.

Trademarks — False Advertising is a form of deceptive advertising in which a company falsely claims the product or service they are offering is associated with a well-known trademark. This type of false advertising can be used to deceive customers, hurt the reputation of the trademark owner, and/or gain an unfair competitive advantage. Types of Trademarks — False Advertising include: unlicensed trademark use, counterfeiting, passing off, and comparative advertising. Unlicensed trademark use involves using a trademark without permission from the trademark owner, while counterfeiting involves intentionally using a trademark in an attempt to deceive consumers. Passing off is when a company uses a trademark that is similar to a well-known trademark in an attempt to mislead customers. Comparative advertising is when a company compares their product or service to another company’s product or service in a way that is misleading or false.

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Trademarks - False Advertising