How does the Lanham Act protect against trademark infringement?

The Lanham Act is a federal law that protects businesses from unfair competition and trademark infringement. In Delaware, the Lanham Act defines trademark infringement as the unauthorized use of another company’s registered trademarks in a way that confuses consumers and unfairly impairs the value of the original mark. Under the Lanham Act, companies with registered trademarks are allowed to bring a lawsuit against any person or company that is using their trademark without permission. Companies should also be aware that trademarks registered with the state may only be enforced within that state; trademark infringement claims must be brought in federal court. The Lanham Act also provides protection for businesses from “passing off” or misrepresenting products or services as those of another company. To prove passing off, a plaintiff must demonstrate that the defendant’s use of the trademark has created a likelihood of confusion in the marketplace. The court may then award an injunction and damages to the plaintiff to prevent infringement and compensate for injury. Finally, the Lanham Act provides protection for “dilution” or the unauthorized use of a trademark in such a way that it diminishes the value of the mark. Companies can assert dilution claims to prevent others from using their trademarks in a way that creates a negative association with the mark. Overall, the Lanham Act provides an important layer of protection for businesses from trademark infringement. Companies should be aware of their rights and take steps to protect their trademarks from unauthorized use.

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How does the Lanham Act protect against trademark infringement?

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