Outside Counsel

'Bait and Switch' Advertising and the Lanham Act

, New York Law Journal


Milton Springut writes: A recent Eastern District decision held that use of a trademark in "bait and switch" advertising does not constitute trademark infringement (although it might constitute false advertising). In dismissing the plaintiff's infringement complaint, the decision appears to have unduly narrowed the scope of Lanham Act actionable "confusion."

Originally appeared in print as Is 'Bait and Switch' Advertising Actionable Under the Lanham Act?

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