Trademark Infringement Law Under the Lanham Act (15 U.S.C. 1114) United States silhouette

Trademark Infringement Law Under the Lanham Act (15 U.S.C. 1114)

Effective Date: 1947-07-05

Federal trademark infringement law, 15 U.S.C. 1114, makes it a civil violation to use a federally registered mark, or a confusingly similar imitation, in selling, distributing, or advertising goods and services when the use is likely to cause confusion, mistake, or deception. Intent is not required for liability, though innocent intent can limit the damages available.

What Trademark Infringement Law Covers

This is the statute a business gets sued under when its new name or logo lands too close to a registered mark. Printers and ad publishers are expressly mentioned in it, which shows how directly it reaches marketing work, and the statute contains limited safe harbors for printers and publishers who merely reproduce an infringing mark for someone else.

Remedies and Practical Risk

Remedies can include injunctions that force a rebrand mid campaign, the infringer’s profits, damages, and costs. For designers and marketers the practical rule is simple: likelihood of confusion is judged from the customer’s point of view, so similar look, sound, or meaning in the same market is the danger zone.

Source: United States Code: 15 U.S.C. 1114

Enforcement note: Trademark rights are enforced through private legal action rather than a government complaint office. If you believe a mark is being infringed, consult a trademark attorney.

More Rules & Regulations