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All trademark acts after the 1870 one, including the 1881 Trademark Act and the 1946 Trademark Act (The Lanham Act), make no mention of the trademark counterfeiting provision of the 1870 act. [3] By the 1970s, counterfeiting was costing U.S. companies billions of dollars, upwards of $100 billion in the years leading up to the Trademark ...
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.
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 .
Pages in category "United States federal trademark legislation" The following 6 pages are in this category, out of 6 total. This list may not reflect recent changes .
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 ...
Steffens and Wittemann dealt with alleged counterfeiting of marks associated with champagne, while Johnson dealt with alleged counterfeiting of a mark associated with whiskey. The opinion was written by Justice Samuel Freeman Miller. The Court did not exclude all possibility of Congress regulating trademarks.
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 ...
(ii) to sell or distribute goods, services, or materials bearing a counterfeit mark, as that term is defined in section 34(d) of the Act entitled 'An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes', approved July 5, 1946 ...