Define: Lanham Act

The Lanham Act, also known as the Trademark Act of 1946, is a federal law in the United States that governs trademarks, service marks, and unfair competition.

The Lanham Act protects registered trademarks and service marks from unauthorized use, dilution, or infringement. It also prohibits false advertising and unfair competition practices.

To register a trademark under the Lanham Act, you need to file an application with the United States Patent and Trademark Office (USPTO). The application process involves providing detailed information about your mark and paying the required fees.

A trademark is used to identify and distinguish goods, while a service mark is used to identify and distinguish services. The Lanham Act provides protection for both types of marks.

Yes, you can use a trademark without registering it under the Lanham Act. However, registering your trademark provides additional legal protection and benefits, such as nationwide notice of your ownership and the ability to bring a federal lawsuit for infringement.

Trademark infringement occurs when someone uses a mark that is likely to cause confusion, mistake, or deception with a registered trademark. Factors such as similarity of the marks, relatedness of the goods or services, and the likelihood of confusion are considered in determining infringement.

Yes, if your trademark is infringed under the Lanham Act, you can sue for damages, including actual damages, profits made by the infringer, and potentially even treble damages in certain cases of willful infringement.

Using someone else’s trademark as a keyword for online advertising may constitute trademark infringement under the Lanham Act if it causes confusion or deception. However, courts have different interpretations on this matter, so it is advisable to consult with an attorney to assess the specific circumstances.

Using a famous person’s name or likeness in advertising may violate the Lanham Act if it creates a false endorsement or implies an affiliation that does not exist. However, there are certain exceptions for news reporting, commentary, and artistic expression.

Yes, the Lanham Act allows individuals and businesses to sue for false advertising. To succeed in a false advertising claim, you must prove that the defendant made false or misleading statements about their own or another’s goods or services, which caused harm to your business or the public.