33-462: 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. The Lanham Act establishes a national system of trademark registration and grants owners of federally registered trademarks
66-673: A slip law and in the United States Statutes at Large after receiving the act. Thereafter, the changes are published in the United States Code . Through the process of judicial review , an act of Congress that violates the Constitution may be declared unconstitutional by the courts. A judicial declaration that an act of Congress is unconstitutional does not remove the act from the Statutes at Large or
99-436: A civil action by any person who believes that he or she is or is likely to be damaged by such act. 15 U.S.C. § 1125(a)(1)(A) is often used when false or misleading statements are alleged to have hurt a consumer or business. The claimant must prove that a false or misleading statement was made in commerce and that the statement creates a likelihood of harm to the plaintiff. 15 U.S.C. § 1125(a)(1)(B)
132-402: A civil action. These provisions forbid the importation of goods that infringe registered trademarks, and restrict, through the use of injunctions and damages, the use of false descriptions and trademark dilution. § 43(a) ( 15 U.S.C. § 1125(a) ) is the "likelihood of confusion" standard for infringement of an unregistered trademark or trade dress, and courts still frequently refer to
165-562: A company to sue for infringement by way of civil action . In 2017 Matal v. Tam , the Supreme Court ruled that a provision in 15 U.S.C. § 1052(a) of the Act, denying registration to any trademarks seen as disparaging an individual or group, was an unconstitutional restriction of applicants' freedom of speech . In 2019 Iancu v. Brunetti , the Supreme Court ruled that a provision in 15 U.S.C. § 1052(a) of
198-671: A form of registration on the Supplemental Register , for certain marks that are unregistrable under Subchapter I, but may become registrable in the future, such as those that are merely descriptive. This form of registration, while not granting all the protections of registration on the Principal Register, does provide notice to potential infringers that the mark is in use, and also provides some procedural benefits. Journals Books Act of Congress#Public law, private law, designation An act of Congress
231-533: A long-awaited solution, aiming to comprehensively regulate the creation and utilization of trademarks, offering protection to both trademark owners and consumers. The Act has been amended several times since its enactment. Its impact was significantly enhanced by the Trademark Counterfeiting Act of 1984 , which made the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark an offense under Title 18 of
264-500: Is a statute enacted by the United States Congress . Acts may apply only to individual entities (called private laws ), or to the general public ( public laws ). For a bill to become an act, the text must pass through both houses with a majority, then be either signed into law by the president of the United States , be left unsigned for ten days (excluding Sundays) while Congress remains in session, or, if vetoed by
297-580: Is made by the third method, the presiding officer of the house that last reconsidered the act promulgates it. Under the United States Constitution , if the president does not return a bill or resolution to Congress with objections before the time limit expires, then the bill automatically becomes an act; however, if the Congress is adjourned at the end of this period, then the bill dies and cannot be reconsidered (see pocket veto ). If
330-632: Is often used when false or misleading statements are alleged to have hurt a business. The Act has been held to have extraterritorial impact, and the circuit courts have been giving more favorable interpretations in extending its scope. The original ruling by the Supreme Court of the United States , as interpreted by the United States Court of Appeals for the Second Circuit , contemplates a three-part test in determining whether
363-410: Is sometimes used in informal speech to indicate something for which getting permission is burdensome. For example, "It takes an act of Congress to get a building permit in this town." An act adopted by simple majorities in both houses of Congress is promulgated , or given the force of law, in one of the following ways: The president promulgates acts of Congress made by the first two methods. If an act
SECTION 10
#1732772238764396-9518: Is the Robinson Patman Act 15 U.S.C. ch. 2 — Federal Trade Commission ; Promotion Of Export Trade And Prevention Of Unfair Methods uk Competition 15 U.S.C. ch. 2A — Securities Act , Trust Indentures Act 15 U.S.C. ch. 2B — Securities Exchanges 15 U.S.C. ch. 2B-1 — Securities Investor Protection 15 U.S.C. ch. 2C — Public Utility Holding Companies 15 U.S.C. ch. 2D — Investment Company Act , Investment Advisers Act 15 U.S.C. ch. 2E — Omnibus Small Business Capital Formation 15 U.S.C. ch. 3 —Trade-Marks 15 U.S.C. ch. 4 — China Trade 15 U.S.C. ch. 5 —Statistical and Commercial Information 15 U.S.C. ch. 6 —Weights and Measures and Standard Time Subchapter I—Weights, Measures, and Standards Generally Subchapter II— Metric Conversion Subchapter III—Standard Gauge for Iron and Steel Subchapter IV—Screw Threads Subchapter V—Standard of Electricity Subchapter VI—Standard Barrels Subchapter VII—Standard Baskets and Containers Subchapter VIII— Standard Hampers, Round Stave Baskets, and Splint Baskets for Fruits and Vegetables Subchapter IX— Standard Time 15 U.S.C. ch. 7 — National Institute of Standards and Technology 15 U.S.C. ch. 7A —Standard Reference Data Program 15 U.S.C. ch. 8 — Falsely Stamped Gold or Silver or Goods Manufactured Therefrom 15 U.S.C. ch. 9 — National Weather Service 15 U.S.C. ch. 9A — Weather Modification Activities Or Attempts; Reporting Requirement 15 U.S.C. ch. 10 — War Finance Corporation 15 U.S.C. ch. 10A — Collection of State Cigarette Taxes 15 U.S.C. ch. 10B —State Taxation of Income from Interstate Commerce 15 U.S.C. ch. 11 — Caustic Poisons (repealed) 15 U.S.C. ch. 12 —Discrimination Against Farmers Cooperative Associations by Boards Of Trade 15 U.S.C. ch. 13 — Textile Foundation 15 U.S.C. ch. 13A — Fishing Industry 15 U.S.C. ch. 14 — Reconstruction Finance Corporation 15 U.S.C. ch. 14A — Aid to Small Business 15 U.S.C. ch. 14B — Small Business Investment Program 15 U.S.C. ch. 15 —Economic Recovery 15 U.S.C. ch. 15A —Interstate Transportation Of Petroleum Products 15 U.S.C. ch. 15B — Natural Gas 15 U.S.C. ch. 15C — Alaska Natural Gas Transportation 15 U.S.C. ch. 16 — Emergency Relief 15 U.S.C. ch. 16A — Emergency Petroleum Allocation 15 U.S.C. ch. 16B — Federal Energy Administration 15 U.S.C. ch. 16C - Energy Supply and Environmental Coordination 15 U.S.C. ch. 17 - Production, Marketing, and Use of Bituminous Coal 15 U.S.C. ch. 18 - Transportation of Firearms 15 U.S.C. ch. 19 - Miscellaneous 15 U.S.C. ch. 20 - Regulation of Insurance, McCarran–Ferguson Act 15 U.S.C. ch. 21 - National Policy on Employment and Productivity 15 U.S.C. ch. 22 - Trademarks ( Lanham Act ) 15 U.S.C. ch. 23 - Dissemination of Technical, Scientific and Engineering Information 15 U.S.C. ch. 24 - Transportation of Gambling Devices 15 U.S.C. ch. 25 - Flammable Fabrics 15 U.S.C. ch. 26 - Household Refrigerators 15 U.S.C. ch. 27 - Automobile Dealer Suits Against Manufacturers 15 U.S.C. ch. 28 - Disclosure of Automobile Information 15 U.S.C. ch. 29 - Manufacture, Transportation, or Distribution of Switchblade Knives 15 U.S.C. ch. 30 - Hazardous Substances 15 U.S.C. ch. 31 - Destruction of Property Moving in Commerce 15 U.S.C. ch. 32 - Telecasting of Professional Sports Contests 15 U.S.C. ch. 33 - Brake Fluid Regulation 15 U.S.C. ch. 34 - Antitrust Civil Process 15 U.S.C. ch. 35 - Seat Belt Regulation 15 U.S.C. ch. 36 - Cigarette Labeling and Advertising 15 U.S.C. ch. 37 - State Technical Services 15 U.S.C. ch. 38 - Traffic and Motor Vehicle Safety 15 U.S.C. ch. 39 - Fair Packaging and Labeling Program 15 U.S.C. ch. 39A - Special Packaging of Household Substances for Protection of Children 15 U.S.C. ch. 40 - Department of Commerce 15 U.S.C. ch. 41 - Consumer Credit Protection Subchapter I — Consumer Credit Cost Disclosure Subchapter II — Restrictions on Garnishment Subchapter IIA — Credit Repair Organizations Subchapter III — Fair Credit Reporting Act Subchapter IV — Equal Credit Opportunity Subchapter V — Debt Collection Practices Subchapter VI — Electronic Funds Transfer 15 U.S.C. ch. 42 — Interstate Land Sales 15 U.S.C. ch. 43 — Newspaper Preservation 15 U.S.C. ch. 44 — Protection of Horses 15 U.S.C. ch. 45 —Emergency Loan Guarantees to Business Enterprises 15 U.S.C. ch. 45A — Chrysler Corporation Loan Guarantee 15 U.S.C. ch. 46 —Motor Vehicle Information and Cost Savings Subchapter I: Bumper Standards Subchapter II: Automobile Consumer Information Study Subchapter III: Diagnostic Inspection Demonstration Projects Subchapter IV: Odometer Requirements Subchapter V: Improving Automotive Efficiency Subchapter VI: Theft Prevention 15 U.S.C. ch. 46A —Automobile Title Fraud 15 U.S.C. ch. 47 — Consumer Product Safety 15 U.S.C. ch. 48 — Hobby Protection 15 U.S.C. ch. 49 — Fire Prevention and Control 15 U.S.C. ch. 50 — Consumer Product Warranties 15 U.S.C. ch. 51 — National Productivity and Quality of Working Life 15 U.S.C. ch. 52 — Electric and Hybrid Vehicle Research, Development, and Demonstration 15 U.S.C. ch. 53 — Toxic Substances Control Subchapter I—Control of Toxic Substances Subchapter II— Asbestos Hazard Emergency Response Subchapter III— Indoor Radon Abatement Subchapter IV— Lead Exposure Reduction Subchapter V— Healthy High Performance Schools 15 U.S.C. ch. 54 — Automotive Propulsion Research and Development 15 U.S.C. ch. 55 — Petroleum Marketing Practices 15 U.S.C. ch. 56 — National Climate Program 15 U.S.C. ch. 56A — Global Change Research 15 U.S.C. ch. 57 — Interstate Horseracing 15 U.S.C. ch. 58 — Full Employment and Balanced Growth 15 U.S.C. ch. 59 —Retail Policies for Natural Gas Utilities 15 U.S.C. ch. 60 — Natural Gas Policy 15 U.S.C. ch. 61 — Soft Drink Interbrand Competition 15 U.S.C. ch. 62 —Condominium and Cooperative Conversion Protection and Abuse Relief 15 U.S.C. ch. 63 — Technology Innovation 15 U.S.C. ch. 64 — Methane Transportation Research, Development, and Demonstration 15 U.S.C. ch. 65 — Liability Risk Retention 15 U.S.C. ch. 66 —Promotion of Export Trade 15 U.S.C. ch. 67 — Arctic Research and Policy 15 U.S.C. ch. 68 — Land Remote-Sensing Commercialization 15 U.S.C. ch. 69 — Cooperative Research 15 U.S.C. ch. 70 — Comprehensive Smokeless Tobacco Health Education 15 U.S.C. ch. 71 — Petroleum Overcharge Distribution and Restitution 15 U.S.C. ch. 72 — Semiconductor Research 15 U.S.C. ch. 73 — Export Enhancement 15 U.S.C. ch. 74 — Competitiveness Policy Council 15 U.S.C. ch. 75 — National Trade Data Bank 15 U.S.C. ch. 76 — Imitation Firearms 15 U.S.C. ch. 77 — Steel and Aluminum Energy Conservation and Technology Competitiveness 15 U.S.C. ch. 78 — Superconductivity and Competitiveness 15 U.S.C. ch. 79 — Metal Casting Competitiveness Research Program 15 U.S.C. ch. 80 — Fasteners 15 U.S.C. ch. 81 — High-Performance Computing 15 U.S.C. ch. 82 — Land Remote Sensing Policy 15 U.S.C. ch. 83 — Telephone Disclosure and Dispute Resolution 15 U.S.C. ch. 84 — Commercial Space Competitiveness 15 U.S.C. ch. 85 — Armored Car Industry Reciprocity 15 U.S.C. ch. 86 — Children's Bicycle Helmet Safety 15 U.S.C. ch. 87 — Telemarketing and Consumer Fraud and Abuse Prevention 15 U.S.C. ch. 88 — International Antitrust Enforcement Assistance 15 U.S.C. ch. 89 — Professional Boxing Safety 15 U.S.C. ch. 90 — Propane Education and Research 15 U.S.C. ch. 91 — Children's Online Privacy Protection 15 U.S.C. ch. 92 — Year 2000 Computer Date Change 15 U.S.C. ch. 93 —Insurance, Title III of Gramm–Leach–Bliley Act 15 U.S.C. ch. 94 —Privacy 15 U.S.C. ch. 95 —Microenterprise Technical Assistance and Capacity Building Program 15 U.S.C. ch. 96 — Electronic Signatures in Global and National Commerce 15 U.S.C. ch. 97 —Women's Business Enterprise Development 15 U.S.C. ch. 98 — Public Company Accounting Reform and Corporate Responsibility , also known as
429-1902: The "Sarbanes–Oxley Act" 15 U.S.C. ch. 99 — National Construction Safety Team 15 U.S.C. ch. 100 — Cyber Security Research and Development 15 U.S.C. ch. 101 — Nanotechnology Research and Development 15 U.S.C. ch. 102 — Fairness to Contact Lens Consumers 15 U.S.C. ch. 103 — Controlling the Assault of Non-Solicited Pornography and Marketing 15 U.S.C. ch. 104 —Sports Agent Responsibility and Trust 15 U.S.C. ch. 105 —Protection of Lawful Commerce in Arms 15 U.S.C. ch. 106 —Pool and Spa Safety 15 U.S.C. ch. 107 —Protection of Intellectual Property Rights 15 U.S.C. ch. 108 —State-Based Insurance Reform 15 U.S.C. ch. 109 —Wall Street Transparency and Accountability 15 U.S.C. ch. 110 —Online Shopper Protection 15 U.S.C. ch. 111 —Weather Research and Forecasting Innovation 15 U.S.C. ch. 112 —Sports Medicine Licensure 15 U.S.C. ch. 113 —Concrete Masonry Products Research, Education, and Promotion 15 U.S.C. ch. 114 —National Quantum Initiative 15 U.S.C. ch. 115 —Perfluoroalkyl and Polyfluoroalkyl Substances and Emerging Contaminants 15 U.S.C. ch. 116 —Coronavirus Economic Stabilization (CARES ACT) 15 U.S.C. ch. 117 —Identifying Outputs of Generative Adversarial Networks 15 U.S.C. ch. 118 —Sustainable Chemistry 15 U.S.C. ch. 119 —National Artificial Intelligence Initiative 15 U.S.C. ch. 120 —Minority Business Development 15 U.S.C. ch. 121 —Flood Level Observation, Operations, and Decision Support 15 U.S.C. ch. 122 —Travel and Tourism References [ edit ] ^ "United States Code" . Office of
462-585: The Act applies (where at least two factors must be met): Although the Lanham Act sets out clear parameters as to what constitutes trademark infringement, subsequent court decisions, especially those involving the Internet, have loosened the strictures. In 2003, the U.S. Supreme Court ruled that the law had no impact on public domain works in Dastar Corp. v. Twentieth Century Fox Film Corp. In 2014,
495-470: The Act, denying registration to any trademarks seen as consisting of immoral or scandalous matter, was an unconstitutional restriction of applicants' freedom of speech . In the United States Code , the Act has been divided into four subchapters: Subchapter I sets forth the requirements that a mark must meet to receive a registration on the Principal Register , which bestows various rights on
528-421: The Lanham Act went into effect, thus requiring the courts to examine the dispute according to the trademark act that existed before the Lanham Act. Before its enactment, trademarks relied solely on protection under state-level common law. Subsequent federal laws proved ineffective, leading to confusion and inadequate safeguarding of marks. Trademarks persisted indefinitely, even if unused. The Lanham Act emerged as
561-495: The Law Revision Counsel . Retrieved November 24, 2015 . External links [ edit ] U.S. Code Title 15 , via United States Government Printing Office U.S. Code Title 15 , via Cornell University v t e United States Code 1: General Provisions 2: The Congress 3: The President 4: Flag and Seal, Seat of Government, and
594-1047: The States 5: Government Organization and Employees 6: Domestic Security (formerly titled Surety Bonds) 7: Agriculture 8: Aliens and Nationality 9: Arbitration 10: Armed Forces 11: Bankruptcy 12: Banks and Banking 13: Census 14: Coast Guard 15: Commerce and Trade 16: Conservation 17: Copyrights 18: Crimes and Criminal Procedure 19: Customs Duties 20: Education 21: Food and Drugs 22: Foreign Relations and Intercourse 23: Highways 24: Hospitals and Asylums 25: Indians 26: Internal Revenue Code 27: Intoxicating Liquors 28: Judiciary and Judicial Procedure 29: Labor 30: Mineral Lands and Mining 31: Money and Finance 32: National Guard 33: Navigable Waters 34: Crime Control and Law Enforcement (formerly titled Navy) 35: Patents 36: Patriotic and National Observances, Ceremonies, and Organizations 37: Pay and Allowances of
627-1250: The States Title 5 - Government Organization and Employees Title 6 - Domestic Security Title 7 - Agriculture Title 8 - Aliens and Nationality Title 9 - Arbitration Title 10 - Armed Forces Title 11 - Bankruptcy Title 12 - Banks and Banking Title 13 - Census Title 14 - Coast Guard Title 15 - Commerce and Trade Title 16 - Conservation Title 17 - Copyrights Title 18 - Crimes and Criminal Procedure Title 19 - Customs Duties Title 20 - Education Title 21 - Food and Drugs Title 22 - Foreign Relations and Intercourse Title 23 - Highways Title 24 - Hospitals and Asylums Title 25 - Indians Title 26 - Internal Revenue Code Title 27 - Intoxicating Liquors Title 28 - Judiciary and Judicial Procedure Title 29 - Labor Title 30 - Mineral Lands and Mining Title 31 - Money and Finance Title 32 - National Guard Title 33 - Navigation and Navigable Waters Title 34 - Crime Control and Law Enforcement Title 35 - Patents Title 36 - Patriotic Societies and Observances Title 37 - Pay and Allowances of
660-807: The Uniformed Services 38: Veterans' Benefits 39: Postal Service 40: Public Buildings, Properties, and Public Works 41: Public Contracts 42: The Public Health and Welfare 43: Public Lands 44: Public Printing and Documents 45: Railroads 46: Shipping 47: Telecommunications 48: Territories and Insular Possessions 49: Transportation 50: War and National Defense 51: National and Commercial Space Programs 52: Voting and Elections 54: National Parks Retrieved from " https://en.wikipedia.org/w/index.php?title=Title_15_of_the_United_States_Code&oldid=1165916141 " Categories : United States federal commerce legislation Titles of
693-898: The Uniformed Services Title 38 - Veterans' Benefits Title 39 - Postal Service Title 40 - Public Buildings, Properties, and Works Title 41 - Public Contracts Title 42 - The Public Health and Welfare Title 43 - Public Lands Title 44 - Public Printing and Documents Title 45 - Railroads Title 46 - Shipping Title 47 - Telecommunications Title 48 - Territories and Insular Possessions Title 49 - Transportation Title 50 - War and National Defense Title 51 - National and Commercial Space Programs Title 52 - Voting and Elections Title 53 - [Reserved] Title 54 - National Park Service and Related Programs [REDACTED] United States portal v t e Title 15 of
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#1732772238764726-1005: The United States Code outlines the role of commerce and trade in the United States Code . Notable legislation in the title includes the Federal Trade Commission Act , the Clayton Antitrust Act , the Sherman Antitrust Act , the Securities Exchange Act of 1934 , the Consumer Product Safety Act , and the CAN-SPAM Act of 2003 . 15 U.S.C. ch. 1 — Monopolies and Combinations in Restraint of Trade ; 15 U.S. Code § 13a
759-517: The United States Code , and enhanced enforcement remedies through the use of ex parte seizures and the award of treble profits or damages (whichever is greater). In 1999, the Anticybersquatting Consumer Protection Act inserted 15 U.S.C. § 1125(d) , and amended 15 U.S.C. § 1114(2)(D) . §§ 32 and 43 of the Act (now known as 15 U.S.C. §§ 1124 – 1125 ) set out
792-768: The United States Code; rather, it prevents the act from being enforced. However, the act as published in annotated codes and legal databases is marked with annotations indicating that it is no longer good law. Title 15 of the United States Code From Misplaced Pages, the 💕 U.S. federal statutes on commerce and trade This article is part of a series on the United States Code [REDACTED] United States Code Title 1 - General Provisions Title 2 - The Congress Title 3 - The President Title 4 - Flag and Seal, Seat of Government, and
825-445: The president rejects a bill or resolution while the Congress is in session, a two-thirds vote of both houses of Congress is needed for reconsideration to be successful. Promulgation in the sense of publishing and proclaiming the law is accomplished by the president, or the relevant presiding officer in the case of an overridden veto, delivering the act to the archivist of the United States . The archivist provides for its publication as
858-416: The president, receive a congressional override from 2 ⁄ 3 of both houses. In the United States, acts of Congress are designated as either public laws , relating to the general public, or private laws , relating to specific institutions or individuals. Since 1957, all Acts of Congress have been designated as "Public Law X–Y" or "Private Law X–Y", where X is the number of the Congress and Y refers to
891-483: The provision as "Section 43(a)": 15 U.S.C. § 1125 - False designations of origin, false descriptions, and dilution forbidden (a) Civil action (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which— shall be liable in
924-544: The remedies that can be sought when a trademark is infringed. Notably, Section 43(a) of the Lanham Act focuses on false advertising and unfair competition, providing a legal recourse for individuals and businesses. This section enables legal action against those engaging in misleading advertising practices that may cause confusion about the origin of goods or services. A crucial provision within Section 43(a) allows any person who anticipates damage from false advertising to initiate
957-430: The right to pursue civil remedies for trademark infringement , trademark dilution , cybersquatting , and false advertising . Named for Representative Fritz G. Lanham of Texas, the Act was passed on July 5, 1946, and signed into law by President Harry Truman , taking effect "one year from its enactment", on July 6, 1947. In rare circumstances, a conflict will arise between trademarks that have been in use since before
990-408: The sequential order of the bill (when it was enacted). For example, P. L. 111–5 ( American Recovery and Reinvestment Act of 2009 ) was the fifth enacted public law of the 111th United States Congress . Public laws are also often abbreviated as Pub. L. No. X–Y. When the legislation of those two kinds are proposed, it is called public bill and private bill respectively. The word "act", as used in
1023-488: The term "act of Congress", is a common, not a proper noun . The capitalization of the word "act" (especially when used standing alone to refer to an act mentioned earlier by its full name) is deprecated by some dictionaries and usage authorities. However, the Bluebook requires "Act" to be capitalized when referring to a specific legislative act. The United States Code capitalizes "act". The term "act of Congress"
Lanham Act - Misplaced Pages Continue
1056-478: The trademark owner to prevent others from infringing their mark. Among the requirements are prohibitions against the registration of marks that are confusingly similar to existing marks, are generic or merely descriptive, are scandalous or immoral, or fall onto certain other prohibited categories. Subchapter I also sets forth certain procedural requirements, such as the submission of an affidavit of continued use after five years of registration. Subchapter II sets forth
1089-654: The various interpretations that had been adopted by the circuit courts as to who had standing to sue under 15 U.S.C. § 1125(a) were ousted by the Court in Lexmark Int'l v. Static Control Components , where Justice Scalia adopted a multi-step approach: In 2014, the U.S. Supreme Court ruled in POM Wonderful LLC v. Coca-Cola Co. that the Act complemented the Food, Drug, and Cosmetic Act , allowing
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