Lanham Act at 50: some history and comment
Article Abstract:
The Lanham Act was enacted on July 5, 1946 and its predecessors provided for trademark registration but did not offer much in the way of enforcement. Key features of the act included concurrent use and service mark registration, cancellation of registration following six years' unexcused non-use, incontestable rights in the registered marks following five years' use after registration and limiting remedies against innocent infringers. The act marked the first time individuals could apply for trademark registration based on a good-faith intent to use.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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When a personal name acquires strong secondary meaning, individuals who have the same surname could be either restricted in or precluded from using it
Article Abstract:
Personal names can acquire secondary meaning justifying their use as trademarks. Determining whether a name has acquired such meaning is very fact-specific. It can be established by showing sales and advertising connected with the name or by survey evidence. The Trademark Dilution Act of 1995 protects owners of famous marks more. The law has the presumption that the junior user meant to exploit the mark's commercial value increase with the strength of a mark and said strength playing a key part in assessing the probability of confusion.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
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