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Lanham Act (view source)

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The '''Lanham Act''' was enacted by [[Congress]] in 1946 to promote "the distinguishability of goods and services for the protection of the public as well as of businesses" and to protect the goodwill of businesses and their investment of "energy, time, and money" from the "misappropriation by pirates and cheats."<ref>S. Rep. No. 79-1333.</ref>  
 
The '''Lanham Act''' was enacted by [[Congress]] in 1946 to promote "the distinguishability of goods and services for the protection of the public as well as of businesses" and to protect the goodwill of businesses and their investment of "energy, time, and money" from the "misappropriation by pirates and cheats."<ref>S. Rep. No. 79-1333.</ref>  
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== Trade Name ==
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The term "trade name" is defined in the Lanham Act to mean "any name used by a person to identify his or her business or vocation" as distinguished from a trademark or service mark which is defined to mean a name or symbol used to identify and distinguish goods or services from those of others and to indicate the source of those goods or services. See 15 U.S.C. § 1127 (definitions of "trade name," "trademark" and "service mark"); 1 J. Thomas McCarthy, Trademarks and Unfair Competition § 4:4 (2d ed. 1984).
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Section 43(a) of the Lanham Act provides a cause of action for false designations of origin used "in connection with goods and services." The critical focus of the likelihood of confusion inquiry under section 43(a) is the effect of defendant's usage of the name on prospective purchasers in the marketplace.  See Alpha Industries, 616 F.2d at 444-45; Inc. Publishing Corp. v. Manhattan Magazine, Inc., 616 F. Supp. 370, 386 (S.D.N.Y. 1985), aff'd without opinion, 788 F.2d 3 (2d Cir. 1986)("the Lanham Act is concerned with confusion among consumers"); Sears, Roebuck & Co. v. Sears Financial Network, Inc., 576 F. Supp. 857, 861 (D.D.C. 1983).
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The marketing channels and sophistication of prospective consumers are relevant in determining whether any confusion in the marketplace is likely to arise from a defendant's adoption of someone else's trade name. See Alpha Industries, 616 F.2d at 444-45 (taking into account sophistication of consumers and channels of trade in assessing likelihood of confusion in trademark/trade name challenge).
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== Trade Dress ==
    
The Lanham Act protects a variety of intellectual property, from trade name to trade dress.  Section 43(a) of the Lanham Act protects many trade dress characteristics:<ref>15 U.S.C. 1125(a)(1) (1994).</ref>
 
The Lanham Act protects a variety of intellectual property, from trade name to trade dress.  Section 43(a) of the Lanham Act protects many trade dress characteristics:<ref>15 U.S.C. 1125(a)(1) (1994).</ref>
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