Trademark Law Portal | Trademark Terms | False Advertising to First Use in Commerce

December 10, 2009

North Face Apparel Corp. v. Williams Pharmacy, Inc., et al.
North Face files lawsuit for trademark infringement and dilution against South Butt.

November 6, 2009

In re 1800mattress.com
MATTRESS.COM was affirmed by the CAFC as generic for selling mattresses online.

August 31, 2009

In re Bose
CAFC affirmed that an intent to deceive in renewal of a registration required making a statement while knowing the statement to be false. Mere mistake or negligence does not rise to fraud on the USPTO.

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False Advertising (15 U.S.C. §1125(a))

holding goods and/or services out to be those of another, as by use of the Mark of another without the right to do so – similar to Counterfeiting

False Designation of Origin (15 U.S.C. §1125(a))

holding goods and/or services out to be those provided by another when there is no right to do so – similar to Counterfeiting

Famous Mark

a Mark that has become extremely well known for a broad range of goods or services – most Marks are not famous – for example, the Mark TORO for lawnmowers and other similar goods was found not to be famous particularly because it has other meanings, such as ‘bull’ in Spanish

Fanciful Mark

a Mark that is a known word, but which is used in a fashion different from its ordinary meaning; such as, APPLE for computers

First Use (Anywhere)

the first date that a Mark is used in a single jurisdiction, such as in a single state

First Use (In Commerce)

the first date that a Mark is used between two states or a state and a foreign country

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