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What is the Lanham Act and where can an in-house attorney find tools to help them decide if they want to proceed with a claim under the Lanham Act?
Also known as the Trademark Act of 1946. The federal statute governing trademark law, including registration (with the US Patent and Trademark Office), maintenance and protection of trademarks used in or affecting interstate commerce. The Lanham Act provides a federal cause of action for infringement of trademarks registered with the US Patent and Trademark Office.
The Lanham Act also provides federal causes of action for certain other unfair competition claims, such as trademark dilution, false advertising, false endorsement and passing off (which includes infringement claims for unregistered marks, trade dress and trade names).
Trademark Litigation: Pre-suit Toolkit