The lanham act - trademark infringement

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Until 1996, the Lanham Act only protected the registered owners of a trademark from another's competitive, confusing, or deceitful use of the trademark. Section 32 of the Act provides, in relevant part, that:

Any person who shall, without the consent of the registrant . . . use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or inconnection with which such use is likely to cause confusion, or to cause mistake, or to deceive . . . shall be liable in a civil action by the registrant . . . .

Section 43(a) provides in part that:

Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin . . . which is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin . . . of his or her goods . . . shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.

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There are a number of comapanies that use the other sucessful names to their own advantage . The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising.In rare circumstances, a conflict will arise between trademarks that have been in use since before the Lanham Act went into effect, thus requiring the courts to examine the dispute according to the trademark act that existed prior to the Lanham Act.