Words or designs that are used to promote a product are called trademarks. If a service is promoted, the mark is referred to as a service mark. A user of a mark can have rights under either federal or state law. Rights may also exist regardless of whether the mark is registered. A mark is infringed when a junior user adopts a mark that is confusingly similar to that of the senior user.
Under the federal Lanham Act, false designations of origin, false descriptions, false attributions of sponsorship that are likely to cause confusion or to deceive or, in commercial advertising, misrepresentations of the true nature, characteristics, qualities, or geographic origin of goods or services can give rise to a civil action for damages and injunction.
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