What are the sections of the Lanham Act?

Divisions

Subchapter	Name	Sections
I	The Principal Register	§§ 1051–1072
II	The Supplemental Register	§§ 1091–1096
III	General Provisions	§§ 1111–1127
§ 1128

What does the Lanham Act protect?

§§ 1051 et seq., was enacted by Congress in 1946. The Act provides for a national system of trademark registration and protects the owner of a federally registered mark against the use of similar marks if such use is likely to result in consumer confusion, or if the dilution of a famous mark is likely to occur.

What violates a trademark?

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

Where can I read the Lanham Act?

The Lanham Act §1051 et seq. You can find the Lanham Act, as amended today, at Cornell University Law Schools Legal Information Institute.

Does the Lanham Act protect patents?

Also known as the Trademark Act of 1946. The federal statute governing trademark law, including registration (with the US Patent and Trademark Office (USPTO)), maintenance, and protection of trademarks used in or affecting interstate commerce (15 U.S.C. §§ 1051 to 1127).

What is the Lanham Act who can sue under it?

Only persons suffering a competitive injury have standing to sue for false and misleading advertising under the Lanham Act. Generally, consumers do not have standing bring a claim, even if they are “injured” by the false advertising.

What can I do if someone is using my business name?

If you discover that another business or person is using your business name, you can file a civil lawsuit against that business or person. In the lawsuit, you must show that you have used the trademark in commerce.

Who is liable for trademark infringement?

To prevail on a claim of trademark infringement, a plaintiff must establish that it has a valid mark entitled to protection; and that the defendant used the same or a similar mark in commerce in connection with the sale or advertising of goods or services without the plaintiff’s consent.

What are the provisions of the Lanham Act?

§1067 (Section 17 of the Lanham Act). Interference, opposition, and proceedings for concurrent use registration or for cancellation; notice; Trademark Trial and Appeal Board §1068 (Section 18 of the Lanham Act). Action of Director in interference, opposition, and proceedings for concurrent use registration or for cancellation

How is a trademark defined under the Lanham Act?

The Lanham Act defines a trademark as a mark used in commerce, or registered with a bona fide intent to use it in commerce. See 15 U.S.C. § 1127 .

When does the Lanham Act have extraterritorial impact?

15 U.S.C. § 1125 (a) (1) (B) is often used when false or misleading statements are alleged to have hurt a business. The Act has been held to have extraterritorial impact, and the circuit courts have been giving more favorable interpretations in extending its scope.

How did the Lanham Act affect the Internet?

Although the Lanham Act sets out clear parameters as to what constitutes trademark infringement, subsequent court decisions, especially those involving the Internet, have loosened the strictures. In 2003, the U.S. Supreme Court ruled that the law had no impact on public domain works in Dastar Corp. v. Twentieth Century Fox Film Corp.

What are the sections of the Lanham Act? Divisions Subchapter Name Sections I The Principal Register §§ 1051–1072 II The Supplemental Register §§ 1091–1096 III General Provisions §§ 1111–1127 § 1128 What does the Lanham Act protect? §§ 1051 et seq., was enacted by Congress in 1946. The Act provides for a national system of…