Lanham Act
Lanham Act and unfair competition Lanham Act is one of the two federal statues that give congress power over interstate commerce. The other statue is FTC (Federal Trade Commission) Act. While the FTC can only enforce the FTC Act, private parties such as consumers, and competitors can exercise the Lanham Act. Lanham Act focuses on obtaining, enforcing, and maintaining trademark and services mark rights. ... Lanham Act also protects electronic property not covered by copyright laws. Ø The presence of unfair competition: Section 43(a) of the Lanham Act provisions the federal unfair competition statue. ... By imposing penalties for any infringement, the Lanham Act bans unfair and anti-competitive acts in advertising. ... If the individual “misrepresents the qualities, characteristics, or geographic origin of his/her or another’s person goods, services, or commercial activities, he/she will be liable in a civil action by any person who believes he/she is or likely to be damaged by such act.