Lanham Act and Why it’s Important for Your New Business

By January 22, 2019 Business Law

Lanham Act in 2019

Lanham Act is an old body of federal law you should familiarize yourself with. It governs the registration of trademarks and service marks. Generally speaking, there are many different components of this piece of legal infrastructure. Pieces which tend to deviate, depending on the context it’s applied to. In the context of registration purposes, the premise would be infringement or litigation concerns.

The History

The Lanham Act came into law back in 1947 by President Truman. And since then, there have been other acts that are somewhat interrelated to the Lanham Act. One of these acts being the “Anti-Cybersquatting Act”, for example. Also, a lot of different acts have been out there or enacted by Congress. These acts have a relationship to the Lanham Act. And are often enforced along with similar claims.
Lanham Act

Key Cases

There are a few high profile cases that have recently involved this federal law. One of my favorites is the Paris Hilton versus Hallmark case. In this case, Paris Hilton sued Hallmark for use of the term “that’s hot”. The only thing more shocking than the case subject matter is that she actually won. The second recent case involved other celebrities. Who sued on because of the relationship between generalized terms and their losses. Also, there are also some high profile cases involving Apple and HTC on the use of iPhone or iCase.

Be sure to approach a good attorney if you have more questions about this and how it applies to your business.

Ismail Amin

Author Ismail Amin

Ismail’s legal experience encompasses serving Fortune 500 companies, mid-sized privately held companies, and entrepreneurs. He presently serves as Corporate and Litigation Counsel to large and mid-sized businesses throughout California, Nevada, and Texas, as well as General and Personal Counsel to high-profile hospitality operators in California and Nevada. Ismail’s practice emphasizes Business and Intellectual Property matters, with a focus on healthcare, biopharmaceuticals, biotechnology, and hospitality. Ismail has counseled the firm’s healthcare provider clients in acquiring or selling assets while maximizing return and minimizing risk. He has helped clients acquire or sell over $1 billion worth of healthcare-related assets, including hospitals.

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