Search results
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.
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.
The Lanham Act provides civil liability for trademark infringement, trademark dilution, cybersquatting, and false advertising. The act gives U.S. district courts nonexclusive jurisdiction over these lawsuits, meaning that plaintiffs may choose to file such lawsuits either in federal or state court.
Civil liability for false or fraudulent registration §1121 (Section 39 of the Lanham Act). Jurisdiction of Federal courts; State and local requirements that registered trademarks be altered or displayed differently; prohibition §1121a . Transferred §1122 (Section 40 of the Lanham Act).
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
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)
9 paź 2023 · The Lanham Act includes provisions to counter cyberpiracy, rendering it illegal to register domain names that mirror famous trademarks or bear substantial similarity, with the intent to gain from...
