Lanham Act

Lanham Act: A federal statute, formally known as the Trademark Act of 1946, that prohibits false or misleading representations in commercial activity. In the context of image and likeness disputes, its two most commonly invoked provisions bar false association—using another person’s name, image, or likeness in a way that falsely implies their affiliation with or endorsement of a business—and false advertising—making materially false representations about goods or services in commercial promotions. Unlike state right-of-publicity claims, Lanham Act claims require the plaintiff to show that the misrepresentation was likely to deceive consumers, making them a natural companion claim in cases where unauthorized images are used to promote a business to the public.