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The Lanham (Trademark) Act ... Named for Representative Fritz G. Lanham of Texas, the Act was passed on July 5, 1946, and signed into law by President Harry Truman, ...
A word, phrase, or logo can act as a trademark. But so can a slogan, a name, a scent, the shape of a product's container, and a series of musical notes. [7] The language of the Lanham Act describes that universe [of things that can qualify as a trademark] in the broadest of terms. It says that trademarks "includ[e] any word, name, symbol, or ...
The Lanham Act prohibits both "passing off" (misrepresenting one's own goods or services as someone else's) and "reverse passing off" (misrepresenting someone else's goods as one's own); "false designation of origin" in the Lanham Act only refers to the producer of the tangible good, and not the person or entity who conceived the ideas ...
In 1946, Congress enacted the Lanham Act in order to govern the use of trademarks.Among its stated aims was the regulation of "commerce within the control of Congress by making actionable the deceptive and misleading use of marks in such commerce," [5] and provision was made for civil enforcement actions to be available for private parties in the federal courts.
The Lanham Act prohibits "the deceptive and misleading use of marks" to protect business owners "against unfair competition." [4] The Act defines trademarks as "any word, name, symbol, or device or any combination thereof" used by any person "to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the ...
Enacted in 1946, the Lanham Act, codified at 15 U.S.C. § 1051 et seq., is the primary federal trademark law of the United States.Among other activities, the Act is intended to prohibit trademark infringement.
The TTAB has interpreted the Lanham Act to give broad standing to parties who claim they may be injured by a mark. Examples of trademarks that were refused or cancelled for disparagement include a depiction of Buddha for beachwear, use of the name of a Muslim group that forbids smoking as a cigarette brand name, and an image consisting of a large "X" over the hammer and sickle national symbol ...
The Lanham Act includes a fair-use exception, under § 1115(b)(4), for trademarks that consist of descriptive words, to prevent trademark monopolies over the use of descriptive terms. There are two types of fair use, descriptive fair use and nominative fair use.