Abstract

Earlier articles in this series focused on the subjects of trademark infringement and trademark dilution, which are two areas of the law falling within the broader scope of unfair competition law. This article focuses on business conduct, which involves false designations of origin and false descriptions as covered by Section 43(a) of the Lanham Act. While the Lanham Act, in general, focuses primarily on obtaining, maintaining, and enforcing trademark and service mark rights, Section 43(a) has frequently been referred to as a federal unfair competition provision. Section 43(a), in part, states

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