What does the Lanham Act prohibit?
The Lanham Act is the federal law that prohibits unfair competition. This act is also known as the Trademark Act of 1946. The Lanham Act protects trademarks, service marks, and other types of commercial symbols. It prohibits the use of false or misleading descriptions, designations, and symbols in commerce. This includes counterfeiting, passing off, using of false or misleading representations in advertising, and other forms of unfair competition. The Lanham Act also states that a company has the exclusive right to use its own trademark in commerce. This means that any competitor who uses a similar trademark, service mark, or other commercial symbol is liable for trademark infringement. The Act also prohibits creating a likelihood of confusion in the marketplace. This means that a company cannot advertise or use a trademark in a way that would lead customers to believe it is related to another company’s products or services. The Lanham Act also prohibits dilution. This means that no company can use another company’s trademark in a way that weakens the mark’s value. For example, a company can’t use another company’s trademark to advertise a different product or service. Overall, the Lanham Act is designed to protect businesses from unfair competition. It prohibits false or misleading representations, trademark infringement, and dilution. This helps companies maintain a fair and competitive market.
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