Trademark infringement claims include what is called a “false designation of origin”. A claim for false designation of origin under § 43 of the Lanham Act arises when a person uses in commerce a word, term, name or symbol, or a false or misleading description or representation of fact which is likely to cause confusion or to deceive as to the origin, sponsorship or approval of goods. 15 U.S.C.S. § 1125(a)(1).
Section 32(1), which sets forth the test for infringement of a federally registered trademark, simply makes unlawful the use of a trademark that, when used in commerce, “is likely to cause confusion, or to cause mistake, or to deceive … .” Section 43(a) of the Lanham Act is more specific, prohibiting the use of any “word, term, name, symbol, or device” or “false or misleading description of fact” that is likely to cause confusion as to “affiliation, connection, or association … with another person” or as to “sponsorship, or approval” of goods.
A claim for false designation of origin under § 43 of the Lanham Act arises when a person uses in commerce a word, term, name or symbol, or a false or misleading description or representation of fact which is likely to cause confusion or to deceive as to the origin, sponsorship or approval of goods. 15 U.S.C.S. § 1125(a)(1). Distribution of a counterfeit product establishes liability for false designation of origin.
Source Microsoft Corp. v. Suncrest Enter.