Understanding the Lanham Act
There are numerous laws and guidelines in place to regulate the use of trademarks, and one of the most significant is the Lanham (Trademark) Act. The act was created by Congress in order to protect the owners of trademarks against unlawful use of their work.
Not only can the Lanham Act protect federally registered trademarks, but it also has steps in place for the use of unregistered trademarks as well. The Lanham Act plays a crucial role in regulating infringement of trademarks that individuals may rely on to distinguish their company or brand.
Components of the Lanham Act
The Lanham Act provides trademark creators with legal grounds to sue those who unfairly use their work. In order for an individual to have a case against another party based on the Lanham Act, they must prove that:
- The mark is distinctive
- The party used the creator’s trademark for commercial use
- The party used the creator’s trademark after it became distinctive to the public
- The use of the trademark by the other party may confuse individuals or hurt the overall image of the trademark itself
If these guidelines are met in your case, you may be able to take legal action against a party who infringed upon your trademark. By hiring a trademark infringement attorney, you can ensure that the specific and nuanced circumstances of your case are understood and clearly communicated in legal proceedings.
Contact a Trademark Infringement Lawyer in Dallas
If you believe another party may have infringed upon your company’s trademark, contact the Dallas intellectual property legal team at Gagnon, Peacock & Vereeke, P.C. to begin building the best possible case. Call our offices today at (214) 317-4448 to learn more.