Thursday, June 8, 2023

Architect Can Falsely Claim to Have Designed Buildings

Interesting note by Rebecca Tushnet. When it comes to suing a designer because s/he claims to have designed famous buildings, take note, and don’t sue under trademark or false advertisement.

Many courts have dismissed trademark claims based on false authorship because authorship is the proper subject matter of copyright law, and the court here followed those precedents.  The false advertising claim also failed because “origin of goods” means the same thing in §43(a)(1)(B), so “the Lanham Act does not provide a cause of action for false advertising where the claim is based on the authorship of a creative work.”


Tags: , , , , ,


No comments so far.
  • Leave a Reply
    Your gravatar
    Your Name


Clancco, Clancco: The Source for Art & Law,, and Art & Law are trademarks owned by Sergio Muñoz Sarmiento. The views expressed on this site are those of Sergio Muñoz Sarmiento and of the artists and writers who submit to They are not the views of any other organization, legal or otherwise. All content contained on or made available through is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to treated as confidential.

Website Terms of Use, Privacy, and Applicable Law.

Switch to our mobile site