Saturday, July 23, 2011

A competitor creates false images of your product

Sounds like it might implicate the Lanham Act, no? Well, maybe not. Salon almost certainly counts as a NY Post competitor, but it's hard to imagine the TM or false advertising claim that could succeed here. What about a copyright-based/CMI claim? (Check out Salon's July 10 cover in particular, and compare.)

No comments: