CHAPTER 4

Using the Lanham Act to Combat Grey and Counterfeit Goods

What Is the Lanham Act?

The Lanham Act, also known as the Trademark Act of 1946, is federal statutory law, which “prohibits the importation of goods bearing marks that ‘copy or simulate’ United States trademarks.”1 The Lanham Act combats grey and counterfeit goods by prohibiting infringement, false designation, unfair competition, and trademark dilution.2

The Lanham Act is divided into four subchapters: the Principal Register, the Supplemental Register, General Provisions, and the Madrid Protocol. The former two subchapters encompass the original Act, while the latter two were additions to the Act.3 The heart of the Lanham Act is contained in the General Provisions. The General ...

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