Tuesday, August 30, 2011
Trademark Infringement Damages under the Lanham Act for Infringement of Unregistered Trademark
In doing some research in a trademark infringement case, I am reminded (by Mr. McCarthy) that all of the Lanham Act Section 35 (15 U.S.C. §1117) remedies for infringement of a registered mark are available under Section 43(a) (15 U.S.C. §1125(a)) for infringement of unregistered marks. Keep that in mind when considering whether or not to bring a trademark infringement suit based on a common law trademark.