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Home / Opinion Digests / Trademark ownership unnecessary for false advertising claim (access required)

Trademark ownership unnecessary for false advertising claim (access required)

A retailer who sold genuine certified organic mattresses could bring a Lanham Act claim against a competitor who falsely advertised on its website that its mattresses were certified under the Global Organic Textile Standard even though the retailer did not own the GOTS trademark because the retailer’s loss of sales and goodwill were precisely the ...