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LANHAM ACT

The Lanham (Trademark) Act (title 15 of the United States Code) contains the federal statutes of trademark law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising. Section A is often utilized in law when false statements are alleged to have hurt a business. To be proven in court it must satisfy 3 principles: There was a false statement made, the statement was used in commercial promotion, the statements created the likelihood of harm to the plaintiff. Section 32 of the Lanham Act can be used to restrict the importation of black market goods through he use of injunctions and damages.

TRADE DRESS

Trade dress refers to characteristics of the visual appearance of a product or its packaging (or even the facade of a building such as a restaurant) that may be registered and protected from being used by competitors in the manner of a trademark. These characteristics can include the three-dimensional shape, graphic design, color, or even smell of a product and/or its packaging.


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