Lanham Act - Subchapter III

Subchapter III

The provisions of Subchapter III are the heart of the Lanham Act, with Sections 42 and 43 of the act setting out the remedies that can be sought when a trademark is infringed. These provisions can be used to restrict, through the use of injunctions and damages, the importation of goods that infringe or counterfeit registered trademarks.

Section 43(a) (codified at 15 USC 1125(a)) is the "likelihood of confusion" standard for infringement of an unregistered trademark or trade dress. Courts still frequently refer to this as "Section 43(a)".

Section 43(a)(1)(B) is also often used when false or misleading statements are alleged to have hurt a business. A claimant under this section must prove three things: there was a false or misleading statement made, the statement was used in commercial advertising or promotion, and the statement creates a likelihood of harm to the plaintiff.

Section 43(a)(1)(A) (http://www.law.cornell.edu/uscode/15/usc_sec_15_00001125----000-.html) is also often used when false or misleading statements are alleged to have hurt a consumer or business. The claimant must prove that a false or misleading statement was made in commerce and that the statement creates a likelihood of harm to the plaintiff.

Subchapter III includes the Anticybersquatting Consumer Protection Act as 1125(d). The Lanham Act has also been amended at 1114(2)(D) to incorporate provisions of the ACPA.