Section 4 of the Lanham Act
regulates states' federally registered certification marks alongside the broader body of trademark law, (13) and one of the Act's key provisions, section 14(5), states that no certifier may "discriminately refuse to certify or to continue to certify the goods or services of any person who maintains the standards or conditions which such mark certifies." (14) Though the State may never have anticipated the need to decide whether or not it would apply the ALASKA GROWN mark to marijuana when the program began in the 1980s, (15) the Lanham Act
now binds its hands.
Specifically, the allegations of fact are sufficient to show that defendants violated Section 32 of the Lanham Act
. Plaintiffs have demonstrated that they are the owners of federally-registered trademarks that are incorporated in the design and marketing of their vehicles, parts, accessories and services.
To get a damages number, Eblen said counsel took a cue from other patent cases under the Lanham Act
, a 1946 trademark statute.
(12) The latest federal trademark protection is codified in the Lanham Act
, which allows for federal registration of trademarks through the USPTO.
Although both certification marks and trademarks are protected under the United States Trademark Act ("Lanham Act
"), certification marks are fundamentally different.
He has aslo rejected a Lanham Act
claim based on misrepresentations in the advertising of 'The Conjuring', and has abandoned RatPac-Dune Entertainment and various individuals involved for lack of personal jurisdiction.
The Lanham Act
of 1940, the nation's primary trademark statute, prohibits trademarks that "disparage ...
Amin Talati & Upadhye counsels on recalls, class actions and inspections, and works closely with the Litigation team on enforcement actions, product seizures, Lanham Act
claims, and criminal actions.
An excerpt from the article "The Sweet Smell of a Successful Registration" states, "The Lanham Act
uses the broadest possible terms to describe the range of items that can qualify as trademarks.
TRADEMARK LAW--EXTRATERRITORIAL APPLICATION OF THE LANHAM ACT
SAVES AN AMERICAN BRAND FROM A CANADIAN RETAIL PIRATE--Trader Joe's Co.
The good news for everyone concerned about his or her reputation is that in the Lanham Act
the USPTO has in place strong mechanisms for protecting individuals and their reputations from those that hope to gain through defamation, and they work.