false advertising

Does falsely saying that someone endorses or sponsors something violate trademark laws?

Yes. Section 43 of the federal trademark law (the Lanham Act)  prohibits false or misleading representations that are “likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, […]

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What kinds of uses do and do not satisfy the “use in commerce” requirement for a trademark?

To qualify as a “use in commerce” for trademark purposes, a trademark must be used in a bona fide, ordinary commercial transaction. A token sale , that is, a sale that is made solely for the purpose of creating or preserving trademark rights, does not qualify as “use in commerce.” Sham transactions, such as pretended

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