Trademark Law Portal | Trademark Terms | Unfair Competition to Unfair or Deceptive Trade Practices

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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Unfair Competition (15 U.S.C. §1125(a); also state laws)

A trademark cause of action for a lawsuit against another for use of a Mark that the other does not have the right to use

Unfair or Deceptive Trade Practices (15 U.S.C. §45(a); also state laws)

Because use of a Mark by someone who is not authorized to do so could confuse consumers into thinking the goods or services being offered/sold are from the lawful owner, that is unfair and/or deceptive

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