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Lanham Act
From Wikipedia, the free encyclopedia
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The Lanham (Trademark) Act (title 15, chapter 22 of the United States Code) is a piece of legislation that contains the federal statutes of trademark law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising.
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Named for Representative Fritz G. Lanham of Texas, the Act was passed on July 5, 1946 and signed into law by President Harry Truman, taking effect "one year from its enactment", on July 5, 1947. Act July 5, 1946, ch 540, § 46, 60 Stat. 444. In rare circumstances, a conflict will arise between trademarks that have been in use since before the Lanham Act went into effect, thus requiring the courts to examine the dispute according to the trademark act that existed prior to the Lanham Act.
The Lanham Act is divided into the following four subchapters:
- Subchapter I - The Principal Register - §§ 1051-1072 (Sections 1 to 22)
- Subchapter II - The Supplemental Register - §§ 1091-1096 (Sections 23 to 28)
- Subchapter III - General Provisions - §§ 1111-1129 (Sections 29 to 45)
- Subchapter IV - The Madrid Protocol - §§ 1141-1141n (not part of the original Lanham Act)
Note that there are gaps between the United States Code sections, to accommodate the insertion of new statutes into the Code. Two such additions have been made to Subchapter three, with the later creation of the National Intellectual Property Law Enforcement Coordination Council codified at 15 U.S.C. § 1128, and the passage of prohibitions against cyberpiracy codified at 15 U.S.C. § 1129.
The provisions of Subchapter I setting forth the right of trademark owners to attain a federal registration of their marks.
The provisions of Subchapter III are the heart of the Lanham Act, with Sections 42 and 43 of the Lanham Act setting forth the remedies that can be sought when a trademark is infringed. These provisions can be used to restrict the importation of goods that infringe or counterfeit registered trademarks, through the use of injunctions and damages.
Section 43(a)(1)(B) is also often utilized in law when false or misleading statements are alleged to have hurt a business. To be proven in court a claimant must satisfy 3 principles: There was a false or misleading statement made, the statement was used in commercial advertising or promotion, and the statement creates a likelihood of harm to the plaintiff.
