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Legal Definitions - Federal Trademark Act

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Definition of Federal Trademark Act

The Federal Trademark Act, also known as the Lanham Act, is a law that was passed in 1946. It establishes a national system for registering trademarks and protects the owners of federally registered marks from the use of similar marks that could cause confusion or dilute the strength of a strong mark. This law is separate from and works alongside state common law.

Let's say a company called "ABC Toys" has a federally registered trademark for their logo, which features the letters "ABC" in a specific font and color scheme. Another company, "XYZ Toys," starts using a similar logo with the letters "XYZ" in the same font and color scheme. This could cause confusion for customers who may think the two companies are related. Under the Lanham Act, ABC Toys could take legal action to protect their trademark and prevent XYZ Toys from using a similar logo.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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Simple Definition

The Federal Trademark Act, also known as the Lanham Act, is a law that helps protect the owner of a trademark from others using similar marks that could cause confusion or weaken the strength of the original mark. It allows for national registration of trademarks and works alongside state common law. Lapidation is a term that refers to execution by stoning.

It's every lawyer's dream to help shape the law, not just react to it.

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Injustice anywhere is a threat to justice everywhere.

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