Trademark Counterfeiting Act Of 1984
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Trademark Counterfeiting Act Of 1984
The Trademark Counterfeiting Act of 1984 is a United States federal law that amended the federal criminal code to make it a federal offense to violate the Lanham Act by the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark. The act established penalties of up to five years imprisonment and/or a $250,000 fine ($1,000,000 fine for a corporation or other legal entity) for selling or attempting to sell counterfeit goods or services. It increased such penalties for a second or subsequent conviction under the Act. Trademark infringement Trademark infringement involves the determination of the probability of confusion by consumers between two marks. Similarity of appearance, phonetics, and meaning as well as channels of trade, direct competitiveness, strength of the famous mark, and evidence of actual confusion can determine trademark infringement. Remedies of trademark infringement include, but are not limited to; attorneys' fees, destruction ...
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United States Federal Law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the ...
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Article One Of The United States Constitution
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws " necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers. Article One Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the Vesting Clauses of Article Two and Article Three, the Vesting Clause of Article One establishes the separation of powers among the three branches of the federal government. Section 2 of Article One addresses the House of Representatives, establishing that m ...
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1984 In American Law
Events January * January 1 – The Bornean Sultanate of Brunei gains full independence from the United Kingdom, having become a British protectorate in 1888. * January 7 – Brunei becomes the sixth member of the Association of Southeast Asian Nations (ASEAN). * January 10 ** The United States and the Vatican City, Vatican (Holy See) restore full diplomatic relations. ** The Victoria, Seychelles, Victoria Agreement is signed, institutionalising the Indian Ocean Commission. *January 24 – Steve Jobs launches the Macintosh 128K, Macintosh personal computer in the United States. February * February 3 ** Dr. John Buster and the research team at Harbor–UCLA Medical Center announce history's first embryo transfer from one woman to another, resulting in a live birth. ** STS-41-B: Space Shuttle Challenger, Space Shuttle ''Challenger'' is launched on the 10th Space Shuttle mission. * February 7 – Astronauts Bruce McCandless II and Robert L. Stewart make the first untethered spac ...
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International Trademark Association
The International Trademark Association is a global association of brand owners and professionals dedicated to trademarks and complementary intellectual property to foster consumer trust, economic growth, and innovation, and committed to building a better society through brands. The Association's nearly 6,500 member organizations from 165 countries represent more than 34,000 trademark professionals and include brand owners from major corporations as well as small and medium-sized enterprises, law firms, and nonprofits. There are also government agency members as well as individual professor and student members. INTA undertakes advocacy work throughout the world to advance trademarks and offers educational programs and informational and legal resources of global interest. History INTA, originally known as the United States Trademark Association (USTA), was established in November 1878 in New York City by 17 merchants and manufacturers to protect and promote the rights of trade ...
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Louis Vuitton
Louis Vuitton Malletier, commonly known as Louis Vuitton (, ), is a French high-end luxury fashion house and company founded in 1854 by Louis Vuitton. The label's LV monogram appears on most of its products, ranging from luxury bags and leather goods to ready-to-wear, shoes, watches, jewelry, accessories, sunglasses and books. Louis Vuitton is one of the world's leading international fashion houses. It sells its products through standalone boutiques, lease departments in high-end departmental stores, and through the e-commerce section of its website. For six consecutive years (2006–2012), Louis Vuitton was named the world's most valuable luxury brand. Its 2012 valuation was US$25.9 billion. In 2013, the valuation of the brand was US$28.4 billion with revenue of US$9.4 billion. The company operates in 50 countries with more than 460 stores worldwide. History Founding to World War II The Louis Vuitton label was founded by Vuitton in 1854 on Rue Neuve des Capucines in Paris. ...
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Principal Register
In United States trademark law, the Principal Register is the primary register of trademarks maintained by the United States Patent and Trademark Office. It is governed by Subchapter I of the Lanham Act. Having a mark registered under the Principal Register confers certain benefits on the holder of the mark. Among them are: * Nationwide constructive use and constructive notice, which cuts off rights of other users for similar marks * The possibility of achieving incontestable status after five years (which cuts off certain defenses of potential infringement defendants) * The right to bring a federal cause of action for infringement without regard to diversity or amount in controversy * The right to request U.S. Customs and Border Protection officials to bar importation of goods bearing infringing trademarks * Provisions for treble damages In United States law, treble damages is a term that indicates that a statute permits a court to triple the amount of the actual/compensato ...
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United States Patent And Trademark Office
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia. The USPTO is "unique among federal agencies because it operates solely on fees collected by its users, and not on taxpayer dollars". Its "operating structure is like a business in that it receives requests for services—applications for patents and trademark registrations—and charges fees projected to cover the cost of performing the services tprovide . The Office is headed by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, a position last held by Andrei Iancu until he left office on January 20, 2021. Commissioner of Patents Drew Hirshfeld is performing the func ...
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Charles Mathias
Charles McCurdy Mathias Jr. (July 24, 1922 – January 25, 2010) was an American politician and attorney. A Republican, he served as a member of the United States Senate, representing Maryland from 1969 to 1987. He was also a member of the Maryland House of Delegates from 1959 to 1961, and of the United States House of Representatives, representing the of Maryland from 1961 to 1969. After studying law and serving in the United States Navy during World War II, Mathias worked as a lawyer and was elected to the state legislature in 1958. In 1960, he was elected to the U.S. House of Representatives from Western Maryland. He was re-elected three times (1962, 1964, 1966), serving in the House for eight years, where he aligned himself with the then-influential liberal wing of the Republican Party. Mathias was elected to the Senate in 1968, unseating the incumbent Democrat, Daniel Brewster, who twenty years earlier had been his roommate while attending the University of Mar ...
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Ronald Reagan
Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 to 1975, after having a career in entertainment. Reagan was born in Tampico, Illinois. He graduated from Eureka College in 1932 and began to work as a sports announcer in Iowa. In 1937, Reagan moved to California, where he found work as a film actor. From 1947 to 1952, Reagan served as the president of the Screen Actors Guild, working to root out alleged communist influence within it. In the 1950s, he moved to a career in television and became a spokesman for General Electric. From 1959 to 1960, he again served as the guild's president. In 1964, his speech "A Time for Choosing" earned him national attention as a new conservative figure. Building a network of supporters, Reagan was elected governor of California in 1966. During his go ...
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The Lanham Act
The Lanham (Trademark) Act (, codified at et seq. () is the primary federal trademark statute of law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising. History Named for Representative Fritz G. Lanham of Texas, the Act was passed on July 5, 1946, and signed into law by President Harry Truman, taking effect "one year from its enactment", on July 6, 1947. 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 before the Lanham Act. The Act has been amended several times since its enactment. Its impact was significantly enhanced by the Trademark Counterfeiting Act of 1984, which made the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark an offense under Title 18 of the United St ...
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