1. LEGAL FRAMEWORK
Federal and state protection
In the United States, trademark law is governed by federal and
state law. Federal trademark law is governed by the Lanham Act,
which governs the scope of trademark use, registration, protection
and enforcement. Other federal statutes governing trademark use
include:
- the Federal Trademark Dilution Act of 1995 and the Trademark
Dilution Revision Act of 2006;
- the Anti-cybersquatting Consumer Protection Act of 1999;
- the Anti-counterfeiting and Consumer Protection Act of 1996;
and
- the Trademark Counterfeiting Act of 1984.
Trademark rights in the United States are not exclusively
governed by federal law. State trademark statutes and common law
provide overlapping protection regarding the registration and
enforcement of trademarks. However, the requirements and scope of
state trademark protection vary by state. Generally, federal
trademark law does not pre-empt state trademark law unless a
conflict exists
