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The Lanham (Trademark) Act (Pub. L. 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 statute governing trademark law in the United States.
Lanham Act Grimaldi , 875 F.2d 994 ( 2d Cir. 1989) [ 1 ] is a trademark and intellectual freedom case, known for establishing the " Rogers test" for protecting uses of trademarks that implicate intellectual freedom issues.
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 ...
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 ...
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 Circuit Court's ruling with respect to standing under the Lanham Act was appealed by Lexmark to the Supreme Court of the United States, on which certiorari was granted on June 3, 2013. The case was heard on December 3, 2013, [44] and the question presented to the Court was:
The Lanham Act's fair-use exception is an affirmative defense requiring the defendant to prove that the term was used in good faith and in a descriptive manner for a purpose other than as a mark. The Lanham Act includes a fair-use exception, under § 1115(b)(4), for trademarks that consist of descriptive words, to prevent trademark monopolies ...
Taubman Co. v. Webfeats, 319 F.3d 770, 778 (6th Cir. 2003) was a United States Court of Appeals for the Sixth Circuit case concerning trademark infringement under the Lanham Act due to the unauthorized use of a domain name and website.