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	The Lanham Trademark Act, 15 USC §§ 1114-1127
		Under subsection (b) hereof, the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive.
		The term "registered mark" means a mark registered in the United States Patent and Trademark Office under this chapter or under the Act of March 3, 1881, or the Act of February 20, 1905, or the Act of March 19, 1920.
		The term "Act of March 3, 1881", "Act of February 20, 1905", or "Act of March 19, 1920", means the respective Act as amended.
	www.lectlaw.com /files/inp25.htm (2546 words)

	Untitled Document
		The Act also reduces the terms of registration and renewal from 20 years to 10 years and strengthens the requirements for affidavits of use under Section 8 of the Act.
		After the effective date of the Act, such affidavits must contain a verification that the mark is in actual use on all the goods or services identified in the registration and evidence of such use.
		Furthermore, the various remedy sections of the Lanham Act (Sections 34,25 and 36, 15 U.S.C. 1116, 1117 and 1118) have been amended to specifically refer to Section 43(a), thus making it clear that equitable and monetary relief is available in Section 43(a) actions, including claims involving unregistered marks.
	www.meronilaw.com /trademarkact.htm (591 words)

	Document: Rep. Hyde's Summary of HR 1565 IH, 5/5/99.
		The Dilution Act provides for injunctive relief after the identical or similar mark has been in use and has caused actual dilution of a famous mark but provides no means to oppose an application for a mark or to cancel a registered mark that will result in dilution of the holder's famous mark.
		Title IV of the bill amends section 43(a) of the Lanham Act to provide that in an action for trade dress infringement, where the matter sought to be protected is not registered with the U.S. Patent and Trademark Office, the plaintiff has the burden of proving that the trade dress is not functional.
		It amends section 10(a) of the Lanham Act (15 U.S.C. § 1060(a)) by striking out the words "subsequent purchase" as they appear in the second to last sentence and replacing them with the word "assignment." This sentence deals with assignments and so the use of the words "subsequent purchase" are incorrect.
	www.techlawjournal.com /cong106/trademark/19990505hyd.htm (1358 words)

	Foley Hoag LLP / Recent Highlights / Publications
		The Trademark Amendments Act of 1999 took effect on August 5, 1999, and focused on three issues: dilution, federal governmental immunity to suit under the Lanham Act, and the burden of proof in trade dress cases.
		This Act ("TLTIA") amended the Lanham Act to comport with the June 1998 ratification of the Trademark Law Treaty ("TLT") by the United States.
		The TLTIA amends the Lanham Act to comport with the Treaty.
	www.fhe.com /publications.asp?pubID=000323303905 (1110 words)

	Lanham Act Study
		The 679 Lanham Act cases filed from the beginning of the program on January 1, 1997 to December 31, 1999, were utilized in two ways.
		If the respondent had not mediated any Lanham Act cases, he or she was asked to respond only to a series of general questions regarding the mediation of Lanham Act cases and the mediation program.
		Those who had filed only one Lanham Act case during the survey period were significantly more likely to choose those two characteristics than those who had filed two or more (with 64.29% and 37.29% choosing "quick resolution" respectively, and 85.71% and 64.41% choosing "expense of litigation" respectively).
	www.caadrs.org /studies/lanhamstudy.htm (17957 words)

	Criminal Resource Manual 1709 Joint Statement -- Parts C and D. Definitions -- "Trafficking" -- "Counterfeit Marks"
		The Lanham Act already contains a definition of the term "counterfeit": a "spurious mark which is identical with, or substantially indistinguishable from, a registered mark." 15 U.S.C. Because it is part of the Lanham Act, the definition of "counterfeit mark" contained in proposed subsection 1116(l)(B) incorporates the section 1127 definition.
		Under this act, there are two types of "counterfeit marks." The first is counterfeits of marks that are registered on the principal register of the Patent and Trademark Office and in use, and that are used by the defendant in connection with the same goods or services for which the mark is registered.
		In addition, because this act is intended to reach only the most egregious forms of trademark infringement, it does not affect cases in which the defendant uses a [H 12079] registered mark in connection with goods and services for which the mark is not registered.
	www.usdoj.gov /usao/eousa/foia_reading_room/usam/title9/crm01709.htm (1901 words)

	USF IPLA BULLETIN FALL'96 - 7 (Site not responding. Last check: 2007-10-16)
		Under the new subsection, 43(c)(1) of the Lanham Act, the owner of a famous mark may bring an action for dilution, even where there is no likelihood of confusion caused by the challenged mark.2 The Act does not preempt state anti-dilution laws, but adds to them.
		The Act is silent regarding how similar the famous and accused marks must be in order for dilution to occur.
		Lanham Act Section 456 defines dilution as " the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence" of competition between the marks' owners and likelihood of confusion, mistake, or deception.
	www.usfca.edu /ipla/html/ipf967.htm (746 words)

	78289 -- Scholfield Auto Plaza, L.L.C. v. Carganza, Inc. -- Rulon -- Kansas Court of Appeals
		The purpose of the Lanham Act is to secure to the owner of the mark the goodwill of a business use and to protect the ability of consumers to distinguish among competing producers.
		The Lanham Act is further intended to make actionable the deceptive and misleading use of marks and to protect persons engaged in commerce against unfair competition.
		The Lanham Act authorizes courts to grant injunctions "according to the principles of equity." 15 U.S.C. § 1116(a) (1994).
	www.kscourts.org /kscases/ctapp/1999/19990430/78289.htm (1789 words)

	Fed-Soc.org - States May Be Immune from Certain Lanham Act Claims - Spring 1997 (Site not responding. Last check: 2007-10-16)
		The decision raises questions about the degree to which the rights embodied in the Lanham Act can be considered constitutionally protected "property" and the extent to which states may violate the Lanham Act without fear of being sued in federal court.
		The court had little difficulty holding that Congress intended that states would be subject to Lanham Act claims, and it reached the same conclusion with regard to the 1992 amendments to the Patent Act.
		This decision raises questions about the degree to which the rights embodied in the Lanham Act can be considered constitutionally protected "property." Historically, trademarks and other communicative symbols used in connection with the sale of goods and services have been viewed as a form of "property." See, e.g., Hamilton-Brown Shoe Co. v.
	www.fed-soc.org /Publications/practicegroupnewsletters/intellectualproperty/ip010204.htm (1335 words)

	Intellectual Property Professional Information Center: Lanham Act Vicarious Liability Is Barred By Lack of State Law ...
		The ATandT decision applied agency principles to analyze vicarious liability under the Lanham Act, and remanded for a factual determination as to whether the defendant's sales representatives were its agents, the court explained.
		The opinion noted that its holding was not expanding the category of conduct proscribed by the Lanham Act, but merely expanding the class of persons responsible for such conduct, Judge Henry pointed out.
		PandG challenged the district court's ruling that the claim of contributory infringement under the Lanham Act was waived.
	ipcenter.bna.com /pic2/ip.nsf/id/BNAP-5J4PVF?OpenDocument&... (1024 words)

	Lanham Act.html (Site not responding. Last check: 2007-10-16)
		The Lanham Act covers most of the legal questions that may arise in conjunction with manipulation of original imagery which are not covered by copyright law.
		Nearly all cases dealing with Lanham Act issues state that it is the likelihood of confusion, deception, or mistake on the part of the consuming public that is the threshold issue.
		The Lanham Act would seem to apply itself uniquely to the concerns of the new computer driven technologies, even though it was formulated in the mid 1940s.
	www.mtsu.edu /~crharris/Lanham_Act.html (4945 words)

	Murray (Site not responding. Last check: 2007-10-16)
		The plaintiff ought not obtain a double recovery where her injuries stemming from the infringement of her copyright and the violation of her rights under the Lanham Act are coextensive.
		The issues of copyright infringement and violation of the Lanham Act were both submitted to the jury, and the jury found liability under both theories.
		Rather, copyright infringement and violation of the Lanham Act served as alternate legal bases for imposing liability and obtaining the recovery of what was essentially the same measure of damages.
	www2.tltc.ttu.edu /Copyright/Cases/murray.htm (589 words)

	[No title]
		UPMC argues that the Lanham Act's interstate commerce requirement is not met because it directed its Ad to employees of Allegheny County, Pennsylvania, and the advertised health plans are sold only in Pennsylvania.
		The Lanham Act provides civil liability for any person who "uses in commerce" any false or misleading description or representation of fact which in commercial advertising misrepresents the nature, characteristics, or qualities of any person's services or commercial activities.
		The Lanham Act under which this suit is brought does not specifically or otherwise relate to the business of insurance.
	vls.law.vill.edu /Locator/3d/Dec2001/011377.txt (5180 words)

	Lanham Act Also Applies to False Advertising Claims
		Congress originally enacted the Lanham Act, including § 43(a) (which is codified at 15 U.S.C. § 1125(a)), in 1946 and amended it in 1988, but in both instances provided scant guidance on how courts should construe § 43(a).
		For example, in a Lanham Act suit between two shaving products companies, the defendant advertised that the moisturizing strip on its shaving razor was "six times smoother" than its competitors' strips, while showing a man rubbing his hand down his face.
		As is true with much of the muddled jurisprudence of § 43(a) of the Lanham Act, courts have not provided clear guidelines to determine whether an advertising claim is a tests-prove or bald claim.
	www.rkmc.com /Lanham_Act_Also_Applies_to_False_Advertising_Claims.htm (1844 words)

	Lanham Act For Lenders: Increasing Collateral Value By Obtaining Related Intellectual Property Rights
		One of the more important protections provided by the Lanham Act1 is the mark owner’s right to control the quality of goods which bear its mark.
		The Lanham Act, however, can provide an avenue for relief in addition to the obvious theories, such as fraud, tortious interference with contractual relations, and misappropriation of customer list (assuming it qualifies as a trade secret).
		Under the Lanham Act, however, irreparable harm will usually be presumed for purposes of granting injunctive relief where the use of a trademark creates a likelihood of confusion in the mind of consumers regarding ownership or sponsorship of a product.
	www.hartmanwinnicki.com /lanhamlenders.html (3622 words)

	CyberSquatting
		Notwithstanding, the Act does specifically provide that, where a person believed and had reasonable grounds to believe that the use of a domain name was a fair use or otherwise lawful, a court cannot find bad faith intent, and therefore, there can be no violation of the Act.
		Despite the use of this Act in recent lawsuits, trademark owners should be aware of several issues that could arise as to the scope of the new law's protection.
		The Act states that a party who has "reasonable grounds to believe" that its use was fair or otherwise lawful does not act in bad faith.
	vincenti.com /html/cybersquatting.html (1240 words)

	ARCHITECT-ENGINEERS' COPYRIGHT AND LANHAM ACT PROTECTIONS
		The Federal Lanham Act may provide an additional means for recovery against an infringer who attempts to palm off another's architectural works as his own.
		Johnson was entitled to actual damages and the infringer's profits under the Copyright Act, he was unable to obtain statutory damages or attorney's fees under the Act since he had not copyrighted the plans before the infringement commenced.
		Resort to the Lanham Act may be necessary where statutory damages and attorney's fees are unavailable under the Copyright Act because of lack of registration before commencement of the infringement.
	www.mslawyer.com /rwise/articles/Copyrights_for_Design_Professionals.html (4639 words)

	Unintended Consequences: Lanham Act Archives
		Limiting its decision to construction of the phrase "origin of goods," the Court found that no Lanham Act violation occurred when Dastar edited and republished much of the content of out-of-copyright tapes of the "Crusade in Europe" video.
		The Lanham Act, 15 U.S.C. §1125(a), allows a tort action to a person injured by another's "false designation of origin" in connection with any goods or services.
		Prior to the June 2 decision in Dastar, Professor Samuelson referenced the case as an opportunity for the Court to add to the constitutional significance of the public domain, on which the Eldred decision was silent, as mentioned in the Unintended Consequences Note: Samuelson: Con Law of IP after Eldred.
	www.dougsimpson.com /blog/archives/cat_lanham_act.html (243 words)

	July 1997, Brief of Appellee (Site not responding. Last check: 2007-10-16)
		Because the Lanham Act, as amended, is unquestionably an exercise of congressional authority under the Commerce Clause, the District Court properly dismissed CSB's Lanham Act-based false advertising claim against Florida Prepaid, an arm of the state of Florida.
		The false advertising prong of the Lanham Act is separate and distinct from the trademark infringement prong.
		The Act applies to commerce in general, not to any special area of commerce, and thus cannot reasonably be deemed to "warn" a state of a loss of sovereign immunity resulting from participation in a defined type of commerce.
	www.collegesavings.com /law/law063097.html (8759 words)

	Trademark - Wex
		In the United States trademarks may be protected by both Federal statute under the Lanham Act, 15 U.S.C. §§ 1051 - 1127 (http://www.law.cornell.edu/uscode/15/), and states' statutory and/or common laws.
		Congress enacted the Lanham Act under its Constitutional grant of authority to regulate interstate and foreign commerce.
		Under the Lanham Act, a seller applies to register a trademark with the Patent and Trademark Office (http://www.uspto.gov/).
	www.law.cornell.edu /topics/trademark.html (474 words)

	The Lanham Act: Alive And Well After 50 Years \| International Trademark Association (Site not responding. Last check: 2007-10-16)
		Prior to the TLRA, the Lanham Act required that a U.S. business or individual seeking to register a trademark in the U.S. make use of the mark in interstate commerce before applying for a registration, a practice not required in most other countries.
		Thus, Congress passed the Trademark Remedy Clarification Act, reflecting its intent to allow states and state employees to be held liable in infringement suits to the same extent as private businesses.
		The Lanham Act's first fifty years affirms that it is indeed "alive and well," adapting to changing commercial needs and responding to groups -- such as INTA -- that have a profound interest in its development.
	www.inta.org /about/lanham.html (1994 words)

	Supreme Court Reverses in Dastar v. Fox, 6/2/03.
		Both can be actionable under the Lanham Act, which makes actionable not only the misleading use of marks, but also the false designation of origin of goods.
		It held that this is not the purpose of the Lanham Act.
		Justice Scalia concluded, "But as used in the Lanham Act, the phrase ``origin of goods´´ is in our view incapable of connoting the person or entity that originated the ideas or communications that ``goods´´ embody or contain.
	www.techlawjournal.com /topstories/2003/20030602.asp (1366 words)

	Criminal Resource Manual 1708 Joint Statement -- Part B. Defenses (Site not responding. Last check: 2007-10-16)
		In a civil proceeding under the Lanham Act, a number of defenses, affirmative defenses, and limitations on remedies are applicable.
		Should there be any serious doubt about the allocation of the burden of proof on a particular issue under the Lanham Act, the burden should be placed on the government as to that issue.
		By "limitation on relief," this act incorporates the prosecutions for innocent printers and publishers that are contained in 15 U.S.C. 1114(2) and any other limitations on relief that may be applicable under the Lanham Act.
	www.usdoj.gov /usao/eousa/foia_reading_room/usam/title9/crm01708.htm (364 words)

	Robert C. Kain, P.A. - Lanham Act (Site not responding. Last check: 2007-10-16)
		Since the UDTPA §3(c) specifically states that the relief provided under the Act is in addition to remedies available under the common law or other statutes in the state, the Act has not supplanted common law actions in the states of enactment.
		Under other provisions of the revised Lanham Act, violations under §43(a) will entitle the plaintiff, under certain circumstances, to defendants' profits, damages sustained by the plaintiff, costs of the action, and up to three times the amount found as actual damages, in the discretion of the court and according to equitable principles.
		In addition, violators of §43(a) are subject to injunctions under §34 of the Act (15 USC §1116) and destruction orders pursuant to §36 such that the court may order that the labels, signs, prints, packages, wrappers, receptacles and advertisements in the possession of the defendant be delivered up and destroyed.
	www.rckain.com /lanham.htm (2316 words)

	Lanham Act (1946) § 43
		Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this Act in the same manner and to the same extent as any nongovernmental entity.
		(3) In a civil action for trade dress infringement under this Act for trade dress not registered on the principal register, the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional.
		(H) whether the mark was registered under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register.
	www.law.uconn.edu /homes/swilf/ip/statutes/lanham43.htm (1681 words)

	[No title]
		317 Willful infringement occurs when the an infringer acts "wantonly and maliciously and in reckless disregard of [plaintiff's rights." 318 acts without willful intent to infringe, can only receive damages, which they need to prove.
		The Lanham Act potentially protects electronic property not covered by copyright laws.
		Federally registered marks receive protection along with non- registered marks under the Lanham Act.
	www.lectlaw.com /files/inp26.htm (1370 words)

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