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2 cze 2023 · Where and When to Sue: Jurisdiction •The Lanham Act does not authorize nationwide service. The plaintiff must establish personal jurisdiction is proper over the defendant(s) •The plaintiff cannot be the only connection to the chosen forum. Ariel Investments, LLC v. Ariel Capital Advisors LLC, 881 F.3d 520 (7th Cir. 2018)
The Lanham (Trademark) Act (Pub. L. Tooltip Public Law (United States) 79–489, 60 Stat. 427, enacted July 5, 1946, codified at 15 U.S.C. § 1051 et seq. (15 U.S.C. ch. 22) is the primary federal trademark statute in the United States.
18 sie 2012 · Section 43(a) of the Lanham Act (the “Act”) limits standing to sue for false advertising to competitors and others who claim to have suffered competitive injury as a result of the defendant’s advertising. Consumers do not have standing under the Act.
Our two cases are Lanham Act court of appeals cases. The first, Pizza Hut, Inc. v. Papa John’s Int’l., 227 F.3d 489 (5th Cir 2000) (here), from the Fifth Circuit in 2000, relates to Pizza Hut’s claim the Papa John’s advertising using the phrase “Better Ingredients. Better Pizza” was false and misleading under section 43 (a) of the ...
15 U.S.C. 1121 (Section 39 of the Lanham Act): Jurisdiction of Federal courts; State and local requirements that registered trademarks be altered or displayed differently; prohibition. Taken from the U.S. Government Publishing Office in February 2016
The Lanham Act, enacted in 1946 and significantly amended sev-eral times since, establishes federal trademark law as well as a private cause of action for false advertising more generally.6 Along with pro-hibiting infringement of registered trademarks, the Lanham Act pro-tects unregistered trademarks and indications of source against con-
7 lip 2023 · The Supreme Court resolved a circuit split on the extraterritorial reach of the Lanham Act—but this decision may limit the ability of trademark holders to target foreign infringers.
