Lanham Act
The Lanham Act (also known as the Trademark Act of 1946) is the federal statute that governs trademarks, service marks, and unfair competition. It was passed by Congress on July 5, 1946, and signed into law by President Harry Truman. The Act took effect on July 5, 1947.
What is the Lanham Act?
The Lanham Act created a national trademark registration system. Enacted in 1946, this act also protects a trademark owner against others using similar marks. The Lanham Act also provided a way for companies to watch for modifications to their trademarks.
First enacted in 1946, the main goal of this piece of legislation is to create a nationwide system to be used in registering trademarks. … Additionally, the Lanham Trademark Act also helps to protect those current trademark owners.
What is the purpose of the Lanham Act?
It’s name is derived from its creator, Representative Fritz G. Lanham of Texas, and the Act was passed into law by President Truman on July 5, 1946. The purpose of the Lanham Act is to protect trademarks so as to avoid consumer confusion and help consumers identify the source of particular goods or services.
Trademark Infringement, False Advertising Among Claims
Codified at U.S.C. §§ 1051 et seq., the Lanham Act prohibits, among other things, trademark infringement, trademark dilution and false advertising. In 1999, a section covering cybersquatting, also went into effect.
The Lanham Act and Color Trademarks
Since 1995 colors and color combinations can be trademarked as part of a product or service so long as they, like any other trademark: Serve a source identification function; and. Do not serve a purely decorative or utilitarian purpose. Aug 17, 2018
Example:
Tiffany Blue is the colloquial name for the light medium robin egg blue color associated with Tiffany & Co., the New York City jewelry company created by Charles Tiffany and John Young in 1837. ... Since 1998, the Tiffany Blue color has been registered as a color trademark by Tiffany & Co.
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 areas are included in the law of intellectual property?
In most countries intellectual property (IP) that can be legally protected include patents, industrial design rights, trademarks, copyrights, plant variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets.
Each has their own attributes, requirements and costs. Jan 6, 2017
Lanham Act (37 U.S.C. 1110 et seq.)
In order for a trademark conflict to exist, there must be:
a.) a likelihood of customer confusion between the goods and services offered by owners of two marks.
b.) a likelihood of customer confusion as to the source or origin of goods or services offered by the owners of one mark.
c.) a likelihood that there will be “dilution” of a well known brand, i.e. Mercedes (automobiles), Hyatt (hotels) or Kodak (photographic), in that the reputation or quality of the brand will be degraded by another’s use, even if the context does not involve customer confusion.