The Reach of the Lanham Act in Unfair Competition and Trademark Cases

September 11th, 2009

The Lanham Act [15 U.S.C. § 1051 et seq.] is the exclusive source of federal law governing infringement of trade, service, collective, and certification marks registered on the principal and supplemental registers of the United States Patent and Trademark Office [ Intern. Order of Job's Daughters v. Lindeburg & Co. (9th Cir. 1980) 633 F.2d 912, 915-916 ].

The objectives of trademark law are to protect consumers from being misled as to the source of products, to prevent impairment of a trademark’s value to its owner, and to achieve the preceding objectives in a manner consistent with free competition [E-Systems, Inc. v. Monitek, Inc. (9th Cir. 1983) 720 F.2d 604, 607 ].

To this end, the intent of the Lanham Act is to regulate commerce within the control of Congress by making actionable the deceptive and misleading use of marks, to protect registered marks used in commerce from interference by state or territorial legislation, and to protect persons engaged in commerce against unfair competition. Furthermore, the act is intended to prevent fraud and deception in commerce by the use of reproductions, copies, counterfeits, or colorable imitations of registered marks. Finally, the act is intended to provide rights and remedies stipulated by treaties and conventions respecting trademarks, trade names, and unfair competition entered into between the United States and foreign nations [15 U.S.C. § 1127].

Robert G. Klein, Esq. is a Los Angeles trademark attorney and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, and unfair competition.  He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale.  Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, and business law matters.  He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

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