c. Lanham Act: 15 U.S.C. §§ 1051-1053 and 15 U.S.C. § 1125(a) (a.k.a. § 43(a))

c. Lanham Act: 15 U.S.C. §§ 1051-1053[1] and 15 U.S.C. § 1125(a)[2] (a.k.a. § 43(a))

The Lanham Act was devised to protect persons engaged in commerce from unfair competition, fraud, and deception (among other things) related to their trademarks. Previous to the act, trademark holders were protected only by common law. L & L White Metal Casting Corp. v. Joseph (1975) 387 F.Supp. 1349, 1356, 185 USPQ 269.

The Act proscribes unfair commercial practices leading to infringement of a valid trademark. It is intended to be remedial and thus is interpreted and applied broadly. In re Wrubleski (2008) 380 BR 635, 639. The falsification need not be willful or done with intent to deceive to be punishable under § 43(a). Gold Seal Co. v. Weeks (1955) 129 F.Supp. 928, 940, 105 USPQ 407.

The drafters of the Lanham Act intended to remove the willfulness and intent-to-deceive requirements of 1920 Act. Ramsey Group v. EGS International, Inc. (2004) 329 F.Supp.2d 630, 657.

1. Distinguish from patent protection
2. Distinguish from copyright protection
3. Trademark-infringement elements

[1] http://www.law.cornell.edu/uscode/text/15/1051
[2] http://www.law.cornell.edu/uscode/text/15/1125

﻿c. Lanham Act: 15 U.S.C. §§ 1051-1053﻿[1] and 15 U.S.C. § 1125(a)[2] (a.k.a. § 43(a))

c. Lanham Act: 15 U.S.C. §§ 1051-1053[1] and 15 U.S.C. § 1125(a)[2] (a.k.a. § 43(a))