False Designation of Origin definition

False Designation of Origin means the act of any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which:
False Designation of Origin means the act of any person who, on or inconnection with any goods, or services, or any container for goods, uses incommerce any word, term, name symbol, or device, or any combination thereof,or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which: (i) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person; or (ii) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services or commercial activities, shall be liable to a civil action for damages and injunction provided in Sections 156 and 157 of the IP Code by any person who believes that he or she is likely to be damaged by such act.

Examples of False Designation of Origin in a sentence

  • See Rebecca Tushnet, No Mark, No False Designation of Origin Is Still the Rule in NY, Rebecca Tushnet’s 43(B) Blog, http://tushnet.blogspot.com/2016/04/no-mark-no- false-designation-of-origin.html (Apr.

  • Fieldpiece's False Marking, False Designation of Origin, False Advertising of Twin Rivers' patent numbers on Fieldpiece's hard copy and Internet images of its Packaging, User Manual and Promotional Flyer has caused confusion among consumers, retailers and distributors and is likely to cause further confusion.

  • WNC is seeking damages under Counts 1 and 2 (Trademark Infringement and False Designation of Origin), Count 6 (Abuse of Process), Count 7 (Civil Action under the Crime Victims Relief Act based on intimidation and conversion), Count 8 (Breach of Contract), and Count 9 (Fraud).

  • APT’s false advertising claim survives the Rule 12(b)(6) challenge.2. False Designation of Origin A false designation of origin claim is similar to a false advertising claim; indeed, APT argues that “[h]ere, the [false advertising and false designation of origin] analyses collapseinto one another because the heart of VWR’s deceptive practices—promoting its products as a continuation of the CRITICAL COVER line under a new name—encompasses both false advertising and false designation of origin,” APT Resp.

  • Plaintiff has asserted against Defendant Global the following claims: Count II for violation of Pennsylvania’s Uniform Trade Secrets Act; Count III for tortious interference with prospective and contractual relationships; Count IV for libel and slander; Count VI for False Designation of Origin and Unfair Competition, 15 U.S.C. § 1125(a)(1)(A); Count VIII for common law unfaircompetition; and Count X for Federal Copyright Infringement, 17 U.S.C. § 501.

  • The suit alleged: 1) Federal Trademark Counterfeiting and Infringement; 2) Federal Unfair Competition and False Designation of Origin; 3) Common Law Unfair Competition; and 4) violation of the Illinois Deceptive Trade Practices Act.

  • The counterclaims include counts for False Designation of Origin and False and/or Misleading Descriptions under the Lanham Act – 15 U.S.C. § 1125; Trademark Infringement under Georgia Common Law and O.C.G.A. § 23-2-55; Declaratory Judgment under 28 U.S.C. § 2201 et seq.; Cancellation of Trademark Registration under 15 U.S.C. § 1119 et seq.; Unjust Enrichment; Quantum Meruit; Deceptive Trade Practices under O.C.G.A. § 10-1-370 et.

  • Plaintiffs contend that they are entitled to summary judgment on their Trademark Infringement claim, False Designation of Origin or Sponsorship, False Advertising, and Trade Dress Infringement claim, and its Common Law Trademark Infringement claim.

  • Id.While the TTAB proceedings progressed, Plaintiff filed an action in this Court, bringing the following claims: Federal Trademark Infringement pursuant to 15 U.S.C. § 1114; Federal Unfair Competition, False Designation of Origin, and False and Misleading Representations pursuant to 15 U.S.C. § 1125(a); Trademark Infringement and Unfair Competition under Va. Code§§ 59.1-92.12, 59.1-92.13; and Trademark Infringement and Unfair Competition under Virginia Common Law; and Accounting under 15 U.S.C. § 1117.

  • ZeniMax’s False Designation of Origin Claim is Barred by Dastar The gravamen of ZeniMax’s false designation of origin claim is difficult to discern but appears to rest on the allegation that “Defendants wrongfully held out ZeniMax’s intellectual property as their own” (ECF 968 at 4) when “the Oculus Rift Kickstarter video[] misleadingly attribute[d] Carmack’s work at ZeniMax to Oculus.” (ECF 963 at 20).1 That claim is plainly barred by Dastar v.

Related to False Designation of Origin

  • Certificate of origin means the document provided by the manufacturer of a new motor vehicle, or

  • School of origin means the school or preschool that a child or youth attended when permanently housed, or the school in which the child or youth was last enrolled. When a child or youth completes the final grade level served by the school of origin, the school of origin includes the designated receiving school at the next grade level for all feeder schools.

  • Country of origin means the place where the goods were mined, grown or produced or from which the services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components.

  • Trade name means the name of the Hotel set forth in the Addendum.

  • Residential use means the use in or around a home, apartment building, sleeping quarters, and similar facilities or accommodations.

  • Residential Uses means lands, Buildings or structures or portions thereof used, or designed or intended for use as a home or residence of one or more individuals, and shall include Single Detached Dwelling, Semi-Detached Dwelling, Multiple Dwelling, Apartment Dwelling, and the residential portion of a mixed-use Building or structure;

  • Certificate of Conformance means a document issued by the NCWM based on testing by a participating laboratory that constitutes evidence of conformance of a type.

  • Terms of Use means any privacy policy, terms of use or other terms and conditions made applicable by BNYM in connection with the Company’s or a Permitted User’s access to and use of a Component System or a BNYM Web Application or other access site or access method.

  • Certificate of Compliance means a certificate issued in terms of the Regulations in respect of an electrical installation or part of an electrical installation by an accredited person;

  • Data Use Agreement means the agreement incorporated into the Contract to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information.