False Advertising

False Advertising in Mississippi

Under Section 43(a) of the Lanham Act, a claim can be made against a defendant for false or misleading advertising. The law of unfair competition is mainly governed by state common law, as in the case of Mississippi. Federal law may apply in the areas of trademarks, copyrights, and false advertising. In trademarks, a civil cause of action for claims of false designation of origin and false advertising is possible in Mississippi, although registration is not a prerequisite to federal trademark protection. The bureau of consumer protection of the Federal Trade Commission focuses on consumer fraud and false advertising.

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