What is Section 2 of the Lanham Act?

(a) Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or a geographical indication which, when used on or in connection with …

What does the Lanham Act cover?

The Lanham Act protects trademarks and service marks, and protects against false advertising. It helps prevent other companies or individuals from using the logo, design, symbol, word, phrase, or other mark used by another entity.

Does trade dress have to be registered?

Trade dress must be both distinctive and nonfunctional. Most trade dress is protected without registration. Trade dress that is not inherently distinctive can be registered on the United States Supplemental Register. If an owner can show secondary meaning, it can be registered on the United States Principal Register.

Where can I read the Lanham Act?

You can find the Lanham Act, as amended today, at Cornell University Law Schools Legal Information Institute.

Who won Iancu Brunetti?

Outcome. On June 24, 2019, the U.S. Supreme Court affirmed the Federal Circuit’s ruling in a 6-3 decision. The court held the “Lanham Act’s prohibition on registration of ‘immoral[ ] or scandalous’ trademarks violates the First Amendment.”

Who won the Matal v tam case?

By David L. Hudson Jr. In Matal v. Tam, 582 U.S. __ (2017), the U.S. Supreme Court unanimously ruled 8-0 that a federal law prohibiting trademark names that disparage others was unconstitutional because “speech may not be banned on the grounds that it expresses ideas that offend.”

Why was Lanham Act created?

First enacted in 1946, the main goal of this piece of legislation is to create a nationwide system to be used in registering trademarks. This means, essentially, that every person/company/organization must go through the same steps when they want to register a trademark.

Why is it called Lanham Act?

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.

Is trade dress a legal term?

Trade dress is an aspect of trademark law, which is a form of intellectual property protection law. Trade dress is an extension of trademark protection to “[t]he design and shape of the materials in which a product is packaged, [primarily].

Can trade dress generic?

The existence of a design patent may either help or hurt the assertion of trade dress rights. If, during the term of the patent monopoly, the design so dominates the market, it may become generic of the goods, or considered functional, and thus trade dress protection will not be available.

Does Lanham Act cover false advertising?

Under Section 43(a) of the Lanham Act, a claim can be made against a defendant for false or misleading advertising.

What is a generic mark and is it protected under the Lanham Act?

Under the Lanham Act, 15 U.S.C. § 1051 et seq., generic terms may not be registered as trademarks, but terms that are “merely descriptive” of goods or services may be registered if the public has come to understand them as identifying the trademark owner’s goods or services.

What are the Lanham Act registration procedures?

Under Lanham Act registration procedures, exclusive rights to a trademark are awarded to the first to use it in commerce. The second requirement, that a mark be distinctive, addresses a trademark’s capacity for identifying and distinguishing particular goods as emanating from one producer or source and not another.

What was the purpose of the Lanham Act of 1946?

Lanham Act. The Lanham Act, 15 U.S.C. §§ 1051 et seq., was enacted by Congress in 1946 based on the power granted to it by the Commerce Clause . It provides for a national system of trademark registration and protects the owner of a federally registered mark against the use of similar marks if such use is likely to result in consumer confusion,…

What is a trademark under the Lanham Act?

“Use in Commerce” Requirement The Lanham Act defines a trademark as a mark used in commerce, or registered with a bona fide intent to use it in commerce. See 15 U.S.C. § 1127.