Brief Summary of
Elements of Lanham
Act Claims:
Section 32 (Section 1114) and Section 43(a) (Section 1125(a)): 1)
use in commerce of a registered mark, 2) in connection with sale,
distribution, or advertising of goods or services, and 3) likely to
cause confusion, mistake or deception.
Trademark Dilution Act (Section
43(c) or Section 1125(c)): 1) mark is famous, 2) infringer’s use began
after mark became famous, 3) infringer making commercial use of the
mark in commerce, and 4) the infringer’s use dilutes the quality of the
mark by blurring or tarnishment.
ACPA (Section 43 (d) or
1125(d)) - 1) bad faith intent to profit from use of trademark; and 2)
registers a domain name that 3) in case of distinctive mark is
identical or confusingly similar to the mark or 4) in case of famous
mark is identical or confusingly similar to or dilutive of that mark.