This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to David A. Gerber, the case addresses whether Lanham Act §43(a)(1)(A) covers reverse passing off.
According to Gregory G. Garre, the petitioner argues it did not make a false designation of origin for its videotaped series on World War II.
According to Gregory G. Garre, the respondents contend that Lanham Act §43(a)(1)(B) is not limited to false designations of origin.
Background and question before the Court
According to Justice Kennedy, the Court asked whether a label on a videotape that duplicates a prior label constitutes commercial advertising or promotion.
Justices discussed the meaning of “origin” under the Lanham Act, noting that the term has expanded from geographic origin to include source and manufacture.
What each side argues
Petitioner Position (Dastar Corporation)
According to David A. Gerber, the petitioner argues that Lanham Act §43(a)(1)(A) does not recognize reverse passing off.
Respondent Position (Twentieth Century Fox Film Corporation)
The respondents argue that falsely holding out as the inventor of a product creates liability under the Lanham Act.
According to Gregory G. Garre, the respondents contend that §43(a)(1)(B) is not limited to false designations of origin.
What happened at oral argument
Ms. Cendali presented oral argument on behalf of the respondents.
What the Court decided
Why it matters
Interpretation of the Lanham Act determines whether a false designation of origin claim can be brought under §43(a)(1)(A) or §43(a)(1)(B).
Clarifying the definition of “origin” under the Lanham Act influences the scope of false‑designation‑of‑origin claims beyond geographic source.
Terms to know
- origin
- The term origin has expanded over time from its original meaning of geographic origin to encompass the source and manufacture of a product.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 9022c838ad5f8b41cad9-r1-6a16d39d2e13897b.pdforal argument transcript
Guide generated September 20, 2026. Automated validation accepted this version.