Lanham act relates to trademarks. How will this relate?
What Trump is doing is really brilliant. I doubt that the courts will give this lawsuit much credence, then again you never know....BUT
Isnt it delightful to think about what discovery will be like esp if its televised?
ZUCKER WILL BE FORCED TO ADMIT HIS BIAS....
They’ll encircle CNN like a wounded elephant calf.
Per Wiki
In the United States, the federal government regulates advertising through the Federal Trade Commission (FTC) with truth-in-advertising laws, and additionally enables private litigation through various statutes, most significantly the Lanham Act (trademark and unfair competition).
The goal is prevention rather than punishment, reflecting the purpose of civil law in setting things right rather than that of criminal law. The typical sanction is to order the advertiser to stop its illegal acts, or to include disclosure of additional information that serves to avoid the chance of deception. Corrective advertising may be mandated, but there are no fines or prison time except for the infrequent instances when an advertiser refuses to stop despite being ordered to do so.
False advertising is the use of false, misleading, or unproven information to advertise products to consumers. The advertising frequently does not disclose its source.
One form of false advertising is to claim that a product has a health benefit or contains vitamins or minerals that it in fact does not. Many governments use regulations to control false advertising. A false advertisement can further be classified as deceptive if the advertiser deliberately misleads the consumer, as opposed to making an honest mistake.
Omitting information
An ad may omit or skim over important information. The ad’s claims may be technically true, but the ad does not include information that a reasonable person would consider relevant. For example, TV advertisements for prescription drugs may technically fulfill a regulatory requirement by displaying side-effects in a small font at the end of the ad, or have a “speed-talker” list them. This practice was prevalent in the United States in the recent past.
If it can be shown they worked to help democrats and worked to hurt Trump then the I believe it should be counted as a political donation bet no one is reporting this to government
15 U.S.C. 1125 (SECTION 43 OF THE LANHAM ACT): FALSE DESIGNATIONS OF ORIGIN, FALSE DESCRIPTIONS, AND DILUTION FORBIDDEN
Taken from the U.S. Government Publishing Office in February 2016
15 U.S.C. Section Index
SUBCHAPTER III - General Provisions
§1125 FALSE DESIGNATIONS OF ORIGIN, FALSE DESCRIPTIONS, AND DILUTION FORBIDDEN
(a) Civil action
(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which
(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or
(B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities,
shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.
(2) As used in this subsection, the term “any person” includes any State, instrumentality of a State or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity.
I don’t think it will work for Trump due to the following exclusions in the law
(3) Exclusions
The following shall not be actionable as dilution by blurring or dilution by tarnishment under this subsection:
(A) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person’s own goods or services, including use in connection with
(i) advertising or promotion that permits consumers to compare goods or services; or
(ii) identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner.
(B) All forms of news reporting and news commentary.
Too bad Project Veritas didn’t send in crews to MSNBC concurrent with the CNN investigation. The resultant sh!tstorm would be interesting with lawsuit discovery. Expose the two biggies at once. Wouldn’t that be fuuun?
Interesting idea. If nothing worse, it will focus public attention on their lies.
The media establishment - mostly because of the out of control behavior of some of its leading lights (way too much rape and drugs!) - is not really anybodys favorite nowadays. Well, maybe the hardcore left, but most people arent in that class.
Enough. Don’t threaten, do. Otherwise shut up about it.
He should sue the parent companies of the other alphabet news...