How does the Lanham Act protect against trademark infringement?
The Lanham Act, also known as the Trademark Act of 1946, is a federal law protecting against trademark infringement in Washington and across the country. The Lanham Act helps to prevent trademark infringement by prohibiting others from using a trademark in commerce without the owner’s permission. This ensures that the trademarked product can be identified with the rightful owner and that others cannot unfairly benefit from the good reputation the trademark owner has established for the trademarked product. Under the Lanham Act, when someone is found to have infringed on a trademark, they are subject to a variety of remedies. Injunctive relief may be granted, which stops the infringer from continuing to use the trademark, or damages may also be awarded to the trademark owner. The law also allows criminal action to be taken against those who use a trademark in an “intentional and fraudulent manner” and monetary damages can also be obtained. The Lanham Act also helps to protect against trademark dilution, which occurs when someone attempts to use a trademarked product in order to gain an advantage or create confusion in the marketplace. The Lanham Act prohibits this type of trademark infringement as well, allowing courts to grant injunctive relief or damages to the trademark owner. By providing remedies to trademark owners, the Lanham Act ensures that trademark infringement will not be tolerated in Washington or anywhere else in the United States.
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