What is the scope of the Lanham Act’s false designation of origin claim?
The Lanham Act’s false designation of origin claim governs the unfair competition law in Georgia. This claim applies to any action where a person, either intentionally or unintentionally, misrepresents the origin of their goods or services. Under the Lanham Act, it is illegal for someone to use words, symbols, product designs, or other aspects of their product which are likely to confuse consumers about the true origin of the product. The Lanham Act covers a broad range of actions, including: • Registering a product name, logo, or slogan that is the same or similar to that of a competitor; • Placing a false or misleading description of one’s own product on the market; • Falsely advertising the origin of the product; and • Making false statements about the quality or features of the product. The Lanham Act also covers attempts to falsely suggest a relationship or affiliation with another company. Additionally, one cannot use the false designation of origin to attempt to misrepresent their product as one that is made in the United States when it is not. Ultimately, the scope of the Lanham Act’s false designation of origin claim is quite broad, and covers a wide range of activities which are intended to deceive or mislead consumers as to the origin of a product or service. Individuals or companies who are engaging in such activities should be aware that they may be subject to civil or criminal penalties for violating the Lanham Act.
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