How does the Lanham Act protect against trademark infringement?
The Lanham Act is a federal law that protects against unfair competition, including trademark infringement, in the United States. Trademark infringement occurs when someone uses a trademark in a way that is likely to confuse consumers as to who is the source of a product or service. The Lanham Act prohibits trademark infringement by prohibiting the use without authorization of a trademark that is “likely to cause confusion, mistake, or deception as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person”. In other words, the Lanham Act protects the rights of trademark holders from parties that attempt to create confusion in the marketplace by using registered trademarks without authorization. The Lanham Act also provides protection through monetary damages, injunctions, and other remedial relief. Monetary damages may include profits derived from trademark infringement, as well as costs associated with correcting any confusion caused by the infringement. Injunctions prohibit further use of the trademark and may also require removal of any infringing copies from the market. In addition, the remedy of corrective advertising may be used to repair any market confusion that has occurred due to the infringement. Thus, through these various remedies and prohibitions, the Lanham Act works to protect trademark holders from unfair competition and trademark infringement in Hawaii and across the United States.
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