Intellectual Property · claim
The Lanham Act is a federal statute enacted in 1946 that governs trademarks, service marks, and unfair competition. It establishes a national system for the registration and protection of trademarks, as well as remedies for violations.
The plaintiff must demonstrate that the mark is used in commerce, meaning it is used or displayed in a manner that is intended to sell goods or services.
What to prove: The plaintiff must show that the trademark is placed in the stream of commerce and is related to goods or services for sale.
The mark in question must be distinctive enough to identify the source of the goods or services associated with it.
What to prove: The plaintiff must prove that the mark is either inherently distinctive or has acquired distinctiveness through use.
There must be a likelihood of confusion among consumers regarding the source of the goods or services.
What to prove: The plaintiff must demonstrate that consumers are likely to be confused about the origin of the goods or services due to the similarity of the marks.
The plaintiff bears the burden of proof and must demonstrate their claims by a preponderance of the evidence.
Students should be prepared to analyze the distinctiveness of trademarks and the likelihood of confusion standard in hypothetical scenarios. Focus on applying the Multi-Factor Test used in likelihood of confusion cases.