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The Trademark Act of 1870 was the first trademark act passed in the nation and grounded trademark protection into Article 1 of the U.S. Constitution. The act covered many different aspects of trademark law but failed to cover trademark counterfeiting. After much protest from merchants and manufactures around the country, Congress amended the ...
In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services. [ 1 ] : 485–486 If the respective marks and products or services are entirely dissimilar, trademark infringement may still be established if the registered mark is well known pursuant to the Paris Convention .
The Lanham Act defines federal trademark protection and trademark registration rules. The Lanham Act grants the United States Patent and Trademark Office ("USPTO") administrative authority over trademark registration. State law continues to add its own protection, complementing (and complicating) the federal trademark system.
Its impact was significantly enhanced by the Trademark Counterfeiting Act of 1984, [6] which made the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark an offense under Title 18 of the United States Code, [7] and enhanced enforcement remedies through the use of ex parte seizures [8] and the award of ...
Additionally, there must be some element of secrecy. Matters of public knowledge or of general knowledge in an industry cannot be the subject-matter of a trade secret. [11] While most areas of Canadian intellectual property law are within the purview of Parliament and the Federal government, the Supreme Court of Canada ruled in MacDonald v.
US law authorizing retaliation against violations of trade agreements Section 301 of the U.S. Trade Act of 1974 (Pub. L. 93–618, 19 U.S.C. § 2411, last amended March 23, 2018) authorizes the President to take all appropriate action, including tariff-based and non-tariff-based retaliation, to obtain the removal of any act, policy, or practice of a foreign government that violates an ...
Federal Trademark Dilution Act of 1995: To amend the Trademark Act of 1946 to make certain revisions relating to the protection of famous marks. Pub. L. 104–98 (text) 104-99: January 26, 1996 The Balanced Budget Downpayment Act, I Making appropriations for fiscal year 1996 to make a down payment toward a balanced budget, and for other purposes.
At least "wilful trademark counterfeiting or copyright or related rights piracy on a commercial scale" should be punishable under criminal law. According to European Digital Rights, the article "provides an extremely low threshold" when considering that the scope includes "acts" and because consequences for infringement can include criminal ...