The Lanham Act is typically associated with intellectual property rights, such as copyright or trademark protection.

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There are state statutes, state common law and the federal Lanham Act, which can be used to pursue claims of false endorsement.

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Under the Lanham Act, a company can sue over claims that name them directly or that merely point to their product in general, as is the case here.

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In the present case, the claims against Mr. Vaughan are straightforward: trademark infringement under the Lanham Act, Texas unfair competition, including right of publicity, palming off and misappropriation.

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Cabranes restated the primary goal of trademark law, which is enforced under the Lanham Act: To protect consumers against being confused about the origin and quality of a product.

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This time, rather than get the FTC involved, the plaintiffs have kept the suit private, opting instead to accuse ChicoBag of violating the Lanham Act, a piece of trademark legislation that protects businesses from false advertising.

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