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:
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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.
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Examples of False Designation of Origin in a sentence

  • 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.

  • Additionally, Plaintiff’s claims against all Defendants for Federal Service Mark Counterfeiting (Count I), Federal Service Mark Infringement (Count II), Federal Unfair Competition and False Designation of Origin (Count III), and Common Law Trademark and Service Mark Infringement and Unfair Competition and Injury to Business Reputation (Count IV) are based on Defendants’ alleged misuse of the GLASSDOCTOR® Marks.

  • In the Amended Complaint, Plaintiffs contend that Defendant is liable for: (I) False Designation of Origin under 15 U.S.C. § 1125(a); (II) Breach of Contract; (III) Promissory Estoppel; and request (IV) Declaratory Judgment on the RadTherm Software.

  • IGPI also argues that a new trial is required on Count II, Unfair Competition and False Designation of Origin, 18 U.S.C. § 1125(a), because there was insufficient evidence to support the jury’s finding of a “likelihood of confusion” and the jury’s special verdict was irreconcilably inconsistent.

  • 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.

  • Id. In contrast, JuryInstruction No. 13, on Unfair Competition and False Designation of Origin, establishes no such prior use defense.

  • 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.

  • 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.

  • Moving on, Defendants argue that Plaintiff’s claims against all Defendants for Federal Service Mark Counterfeiting (Count I), Federal Service Mark Infringement (Count II), Federal Unfair Competition and False Designation of Origin (Count III), and Common Law Trademark and Service Mark Infringement and Unfair Competition and Injury to Business Reputation (Count IV) lack any indication of irreparable loss or damage.

  • 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).

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.

  • Point of origin means the specific location on carrier's system as designated in its tariff where carrier accepts petroleum product for shipment and may be referred to in other items of this tariff as "origin station or origin."

  • execution of orders on behalf of clients means acting to conclude agreements to buy or sell one or more financial instruments on behalf of clients and includes the conclusion of agreements to sell financial instruments issued by an investment firm or a credit institution at the moment of their issuance;

  • 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.

  • Type designation means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

  • certificate of fitness means a certificate issued by the Department to a contract bus carrier.

  • value of originating materials means the value of such materials as defined in (g) applied mutatis mutandis;

  • Certificate of organization means the certificate required by section 489.201. The term includes the certificate as amended or restated.

  • Medical certificate of fitness means a certificate valid for one year issued by an occupational health practitioner, issued in terms of these regulations, whom shall be registered with the Health Professions Council of South Africa;

  • Hazard identification means the identification and documenting of existing or expected hazards to the health and safety of persons, which are normally associated with the type of construction work being executed or to be executed;

  • maximum content of non-originating materials means the maximum content of non-originating materials which is permitted in order to consider a manufacture to be working or processing sufficient to confer originating status on the product. It may be expressed as a percentage of the ex-works price of the product or as a percentage of the net weight of these materials used falling under a specified group of chapters, chapter, heading or subheading;

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

  • Articles of Organization means the original documents filed to organize a limited liability company, as amended or restated by certificates of correction, amendment, or merger, by restated articles, or by other instruments filed or issued under any statute.

  • guarantee of origin means an electronic document which has the sole function of providing evidence to a final customer that a given share or quantity of energy was produced from renewable sources;

  • Airline Designator Code means the two-characters or three letters, which identify particular air carriers.

  • Code of Ordinances means the Code of Ordinances of the City of Polk City, Iowa.

  • Residential User means all dwelling units such as houses, buildings, mobile homes, apartments, permanent multi-family dwellings.

  • 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 the certificate referred to in Section 3.03 of the Servicing Agreement and substantially in the form of Exhibit E to the Servicing Agreement.

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

  • Certificate of Limited Partnership means the Certificate of Limited Partnership of the Partnership filed with the Secretary of State of the State of Delaware as referenced in Section 7.2, as such Certificate of Limited Partnership may be amended, supplemented or restated from time to time.

  • instructions for use means the information provided by the manufacturer to inform the user of the device’s intended purpose and proper use and of any precautions to be taken;