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7 sty 2021 · The Lanham Act provides for three categories of damages that the court may award to a successful trademark infringement Plaintiff: (1) Actual Damages, (2) Disgorgement of the Infringer’s Profits, and (3) Attorney’s Fees and Costs.
under the Lanham Act. 1. Who can sue and be sued for false advertising under the Lanham Act? Generally, companies that are in commercial competition with one another may sue or be sued, no matter the industry or field. Individual consumers, on the other hand, generally lack standing under the Lanham Act and must look elsewhere—
18 sie 2012 · Damages are seldom... 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.
A plaintiff that prevails on a Lanham Act claim can obtain an injunction against the false or misleading advertising, as well as damages and, in certain cases, attorneys’ fees. Importantly, consumers do not have standing under the Lanham Act, only competitors.
As a result of the more recent 1996 amendments to the Lanham Act, a counterfeiting plaintiff is now entitled to seek statutory damages as an alternative to actual damages or defendant's profits.
A Practice Note discussing trademark infringement and dilution claims under the Lanham Act. It addresses infringement claims for federally registered marks under Section 32, infringement claims for unregistered marks under Section 43(a), and dilution claims under Section 43(c).
This article describes the contours of federal false advertising suits, and addresses several issues unique to false advertising litigation involving prescription and OTC drugs. False Advertising Under the Lanham Act. False advertising suits typically are brought under the federal trademark statute known as the Lanham Act.
