Trademarks and False Advertising

Attorneys at Magleby Cataxinos & Greenwood, protect clients' intellectual property rights in litigation involving trademark and trade dress infringement, false advertising and similar claims governed by the Lanham Act and Utah trademark and common law. The lawyers frequently appear at injunction hearings before Utah judges, obtaining emergency injunctive relief for clients.

The firm's attorneys are experienced and adept at analyzing and effectively articulating the subtle points that determine the strength of the marks at issue, similarities between trademarks or trade dress, and potential confusion as to source or origin. The lawyers are also familiar with the standards for determining if an advertisement or marketing statement is literally or implicitly false, and constitutes false, misleading, or unfair advertising. The firm welcomes referrals. For more information, or to make arrangements to speak with an attorney please complete this online contact form.

Areas of Focus

The firm is prepared to handle a wide variety of intellectual property and trademark litigation cases, including those involving:

  • Claims of trademark infringement: Address the likelihood of consumer confusion as to the source of goods, and often involve an examination of the relevant marks, proximity of goods or services, marketing channels, and the degree of caution exercised by the typical consumer of the product
  • Trade dress: A subjective area involving the total image and overall appearance of a product or service, including non-functional elements such as shape, color, packaging of a product, decorating scheme of a place of business, and overall marketing schemes that denote the source of the products
  • Unfair competition: A term referring generally to honesty and fair dealing in business; under the Lanham Act, the term encompasses claims of trademark infringement where there is no federally registered trademark
  • Theft of trade secrets : By employees or former employees, industrial espionage in violation of confidentiality or non-disclosure agreements (NDA's), and damages such as loss of good will and market share
  • Trademark dilution: A claim that the use of a mark by a party causes dilution of a famous mark through blurring or tarnishment
  • False advertising: Involving misrepresentations about the product's characteristics, qualities, capabilities, ingredients or source; not to be confused with fair comparative advertising