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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.
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
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).
The Lanham Act, 15 U.S.C. §§ 1051 et seq., was enacted by Congress in 1946. 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.
Any person who engages in the conduct described in paragraph (11) of section 110 of title 17 and who complies with the requirements set forth in that paragraph is not liable on account of such conduct for a violation of any right under this chapter.
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 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.
