What is the scope of the Lanham Act’s false designation of origin claim?

The Lanham Act’s false designation of origin claim is designed to protect businesses from unfair competition due to false or misleading representations of the origin of goods or services. Under this claim, a business may face liability if it uses false or misleading descriptions or representations in connection with the goods or services of another business. False representation may come in many forms, such as falsely stating that goods or services originate from a certain company; labeling goods or services from a foreign source as being from a domestic source; or falsely implying an affiliation or connection between a company and its goods or services. The Lanham Act applies to false designations of origin both domestically and internationally. New Hampshire’s Unfair Competition Law also has provisions aimed at preventing false designations of origin. Under this law, any business operating in New Hampshire that “uses any false or misleading description or representation in connection with its goods or services” is guilty of an unfair practice and is liable for an injunction and damages. It also applies to misleading or deceptive representations, including those made through mass media. In summary, the Lanham Act’s false designation of origin claim is intended to protect businesses from unfair competition due to false representations of the origin of goods or services. This act applies both domestically and internationally and the state of New Hampshire also has its own Unfair Competition Law which is designed to prevent false designations of origin.

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What is the scope of the Lanham Act’s false designation of origin claim?

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