Download or read book False Advertising and the Lanham Act written by Thomas M. Williams and published by OUP USA. This book was released on 2012-06-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In False Advertising and the Lanham Act: Litigating Section 43(a)(1)(B), Thomas Williams addresses false advertising claims under Section 43(a)(1)(B) of the Lanham Act. The book covers established precedent and Section 43(a) false advertising case law, including key decisions where courts have developed essential analytical tools to flesh out sparse statutory language.

Download or read book The Lanham ACT written by Landmark Publications and published by Independently Published. This book was released on 2019-03-14 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Lanham Act. * * * In order to receive protection under the Lanham Act, a mark must be distinctive - that is, it must uniquely identify a particular brand. Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 768, 112 S.Ct. 2753, 120 L.Ed.2d 615 (1992). The PTO organizes marks using categories of ascending distinctiveness: "(1) generic; (2) descriptive; (3) suggestive; (4) arbitrary; or (5) fanciful." Id. Suggestive, arbitrary, and fanciful marks are inherently distinctive, and thus eligible for registry. See id. By definition, generic and descriptive marks lack the requisite distinctiveness. Id. at 768-69, 112 S.Ct. 2753. A generic mark "refe[rs] to the genus of which the particular product is a species." Id. at 768, 112 S.Ct. 2753. In other words, a generic mark "denotes the product rather than any of the brands of the product." Door Systems, Inc. v. Pro-Line Door Systems, Inc., 83 F.3d 169, 171 (7th Cir. 1996). A descriptive mark "conveys an 'immediate idea of the ingredients, qualities or characteristics of the goods.'" Frosty Treats, 426 F.3d at 1005 (quoting Stuart Hall Co. v. Ampad Corp., 51 F.3d 780, 785-86 (8th Cir. 1995)). Descriptive marks may only be placed on the Principal Register "if shown to have acquired a secondary meaning." Id. * * *The Lanham Act protects both registered and unregistered trademarks. See Matal v. Tam, ___ U.S. ___, 137 S.Ct. 1744, 1752, 198 L.Ed.2d 366 (2017) ("[E]ven if a trademark is not federally registered, it may still be enforceable under § 43(a) of the Lanham Act, which creates a federal cause of action for trademark infringement."). In a trademark suit, whether a mark is registered is important because it determines which party bears the burden of persuasion. If the mark is not registered, the mark user bears the burden of showing that the mark is protected by the Lanham Act. Zobmondo Entm't, LLC v. Falls Media, LLC, 602 F.3d 1108, 1113 (9th Cir. 2010); Bd. of Supervisors for Louisiana State Univ. Agric. & Mech. Coll. v. Smack Apparel Co., 550 F.3d 465, 474 (5th Cir. 2008) ("To prevail on their trademark infringement claim, the plaintiffs ... must establish ownership in a legally [protectable] mark, and ... they must show infringement by demonstrating a likelihood of confusion."). But if a mark is listed on the PTO's Principal Register, the party challenging the mark's validity bears the burden of showing the mark is not protected by the Lanham Act. Lovely Skin, 745 F.3d at 883.ZW USA, Inc. v. PWD Systems, LLC, 889 F. 3d 441 (8th Cir. 2018)

Download or read book The Lanham Act as Amended written by United States and published by . This book was released on 1948 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book How Successful are the Incontestability Provisions of the Lanham Act written by Richard P. Karam and published by . This book was released on 1968 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book McCarthy on Trademarks and Unfair Competition written by J. Thomas McCarthy and published by Clark Boardman Callaghan. This book was released on 1996 with total page 1186 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Lanham Act After Fifty Years written by and published by . This book was released on 1996 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book U S Trademark Law written by and published by . This book was released on 1999 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Lanham Act written by Helen Nies Wilson and published by . This book was released on 1992 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Unfair Competition and the Lanham Act written by Doris E. Long and published by BNA Books (Bureau of National Affairs). This book was released on 1993 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: To face a business crisis and protect your clients' interests, put the strength of the Lanham Act -- and its powerful Section 43(a) addressing unfair competition -- to work for you. Whether you are pursuing or defending a claim, this practice-oriented guide gives you valuable advice from a successful litigator. The author covers the Act's full scope of protection, including causes of action, evidence requirements, available defenses, and remedies. You get: -- circuit-by-circuit breakdown of trademark and trade dress decisions -- analysis of possible causes of action under the Act's Section 43(a) -- discussion of related federal and state laws -- case table, text of the Lanham Act, checklists, and more

Download or read book Trade marks the Lanham Act written by Jerome D. Goldstein and published by . This book was released on 1948 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Federal Trade mark Act of 1946 written by Frederick Manley Burgess and published by . This book was released on 1949 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Lanham Act and Beyond written by Bureau of National Affairs (Arlington, Va.) and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Lanham Act written by United States. Housing and Home Finance Agency. Division of Law and published by . This book was released on 1948 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Lanham Act written by Sylvester J. Liddy and published by . This book was released on 1947 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Lanham Trademark Act Amendment written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice and published by . This book was released on 1982 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Lanham Act as Amended annotated written by United States and published by . This book was released on 1950 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Lanham Act written by James Theodore Rothe and published by . This book was released on 1966 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: