Disclaimer of unregistrable matter 1057 section 7 of the lanham act. The trademark act of 1946, known for its principal proponent as the lanham act, 60 stat. A minimum of three years involvement with alternative dispute resolution in providing, sponsoring or training neutrals. For a discussion of the myriad of new unpleasantries on the interact, many of which are far more pomicious than trademark infringement, see. Unlike other types of trademark infringement, which may involve the unintentional use of merely confusing or similar marks, commercial. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. Trademark law lost in cyberspace harvard journal of law and. Code citations have been placed at the beginning of each section and subsection. Likelihood of confusion analysis under the lanham act by weintraub firm on august 15th, 2012 posted in trademark law. A trademark that is categorized as descriptive is only protectable as a trademark if it has acquired a secondary meaning in the minds of the consuming public.
The act prohibits a number of activities, including trademark infringement. Weinstein partner and co chair, intellectual property litigation practice. The present act forms chapter 22 of title 15 of the u. Duration, affidavits and fees 1059 section 9 of the lanham act. Certificates of registration 1058 section 8 of the lanham act. Lanham act wex us law lii legal information institute. Yh collection of laws for electronic access united states us177en marks, code, 102005, title 15 usc ch. Adapting eu trademark law to new technologies vu research. To make certain technical and conforming amendments to the lanham act. In the united states, the lanham act provides for the registration of certification marks. Recent developments in lanham act and class action false advertising cases lawrence i. In assessing damages under subsection a of this section, the court shall, unless the court finds extenuating circumstances, enter judgment for three times such profits or damages, whichever is greater, together with a reasonable attorneys fee, in the case.
Thomas mccarthy i introduction today, section 43a of the lanham act1 is the preeminent federal law for asserting claims in private litigation against two distinct types of unfair. Defendants have been and continue to be engaged in the business of operating. Recent developments in lanham act and class action false. Home trademark law likelihood of confusion analysis under the lanham act. Submission of the united states of america certification and. The united states code is meant to be an organized, logical compilation of the laws passed by congress. Commercial trademark counterfeiting in the united states. Affiliation with two or more individuals who meet the minimum criteria. This protection is defensive in the sense that it aims. The lanham act is based on congresss ability to regulate goods traveling through interstate commerce under the commerce clause. Trademark act of 1946, as amended public law 79489, chapter 540, approved july 5, 1946. Lawyers are so in the habit of thinking of trademarks in their legal aspects that they sometimes. Included are an amendment to repeal 40 by the act of may 24, 1949, 63 stat. Use by related companies affecting validity and registration 1056 section 6 of the lanham act.