Friday, November 23, 2007

Lanham Act History
The Lanham Act is divided into the following four subchapters:
Subchapter I - The Principal Register - §§ 1051-1072 (Sections 1 to 22)
Subchapter II - The Supplemental Register - §§ 1091-1096 (Sections 23 to 28)
Subchapter III - General Provisions - §§ 1111-1129 (Sections 29 to 45)
Subchapter IV - The Madrid Protocol - §§ 1141-1141n (not part of the original Lanham Act)
Note that there are gaps between the United States Code sections, to accommodate the insertion of new statutes into the Code. Two such additions have been made to Subchapter three, with the later creation of the National Intellectual Property Law Enforcement Coordination Council codified at 15 U.S.C. § 1128, and the passage of prohibitions against cyberpiracy codified at 15 U.S.C. § 1129.

Lanham Act Subchapters I and II
The provisions of Subchapter III are the heart of the Lanham Act, with Sections 42 and 43 of the Lanham Act setting forth the remedies that can be sought when a trademark is infringed. These provisions can be used to restrict the importation of goods that infringe or counterfeit registered trademarks, through the use of injunctions and damages.
Section 43(a)(1)(B) is also often utilized in law when false or misleading statements are alleged to have hurt a business. To be proven in court a claimant must satisfy 3 principles: There was a false or misleading statement made, the statement was used in commercial advertising or promotion, and the statement creates a likelihood of harm to the plaintiff.

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