Trademarks and the Lanham Act

The Lanham Act is a part of federal law dealing with protection of trademarks.

15 U.S.C. § 1125 – False designations of origin, false descriptions, and dilution forbidden

(a) Civil action

(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which—

(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or
(B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities,
shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.

For example, if I were to start running a website called carrollcountyexaminer dot com. I’d expect to get sued because the examiner dot com has a carroll county site already.

16 thoughts on “Trademarks and the Lanham Act

  1. I’ve said it before, but “once more into the breach, my friends”….

    The Elkridge Horror is



  2. I would also worry if I filed knowingly false reports with the FBI, FTC, and several law enforcement agencies over reviews of unsold books from the “free cart” at any local library…….

  3. oh my sore baaaack

    Bill Schmalfeldt @BalmerLiberal · 3m 3 minutes ago

    I would think that after a heinous filthy trick of lying to me, Mr. Hoge would understand the legal peril of seeing me in a courtroom again.

    • I’m not understanding what the “legal peril” would be. Maybe Bill can explain, but I doubt it would make sense.

      • It’s easy enough to guess. In the real world of law, Bill Schmalfeldt had another Peace Order entered against him. In the real world of law, that Latin R-word followed by that Latin J-word means Bill Schmalfeldt enters any future “courtroom” as the adjudicated ongoing harasser of John Hoge. In Bill Schmalfeldt’s imagination, John Hoge has committed some “heinous filthy [act] of lying to [him]…” that is actionable for which he will exact revenge if given the opportunity. In essence, he is saying to John, “Make my day!” with as much false bravado as he can muster.

        I would like to make a few comments. The first is that is that Bill Schmalfeldt’s simply isn’t going to be allowed to argue that in any court other than in the court that find him violation of the Peace Order statute. The second objection is the false bravado is wearing thin. We all seem to remember Bill Schmalfeldt telling us how much trouble all the folks who called Brett Kimberlin a “pedophile” were about to experience. I’ll put it this way: Bill Schmalfeldt’s track record as a legal prognosticator isn’t the best.

        The final objection I have is to the premise that any “lying to Bill Schmalfeldt” is in any way “heinous” or “filthy.” Imagine arriving at your home to be held up at gun-point. Suppose you tell the robber you don’t have any money on you, but, that you can go inside and get some for him. Supposing the robber is dumb enough to let you go inside. Even if you swore to God on a stack of Bibles to return with a hundred-dollar bill, morally, it would completely acceptable to get your Glock instead and empty the chamber at the door. That is because you were acting under extreme duress.

        The same is essentially true of Bill Schmalfeldt. Bill Schmalfeldt has attempted to place just about everyone who posts here under duress by a number of illegal means ranging from defamation, the making of harassing phone calls, the making of harassing phone calls to spouses, the indirect harassment of contacting employers, the filing of falsified criminal charges, extortionary threats, and veiled and not-so-veiled threats of violence including death threats. All the while he attempts to “dox” these same people in the full knowledge that many of Brett Kimberlin’s critics who were “doxed” have been Swatted. All of this he has done by his on admission in an attempt to dictate to others what they can and cannot say about public figures.

        In this context, being less than truthful or candid with Bill Schmalfeldt is little less than an act of self-preservation. Virtue has a purpose, and, it simply not to aid and abet acts of evil. Put another way, a Catholic at confession enumerating his lies for the week should be given the penance of Hail Mary’s for his lies to the innocent and high-fives from the Priest for his lies to Bill Schmalfeldt.

        Normally, I’d consider the act of cuckolding one’s husband to be a particularly “heinous and filthy act.” The one exception I can imagine is when the husband goes to jail due to his criminal acts. To me, that amounts to willful spousal abandonment. But, in the case of two Mrs. Schmalfeldts, who am I to judge? The virtues of “loving, honoring and cherishing” one’s spouse shouldn’t be expected to apply in a marriage that is that abusive. Decades after the formal separation Bill Schmalfeldt continues to abuse his first spouse. Imagine how heinous he was back then!

  4. free cart willie – the adventures of the unsellable. Faster than a run sentence, able to leap over proper sentence construction in a single unbound participle.

  5. With all due respect to our gracious host, I’m not a fan of these posts – I’m forced to take an extra ten minutes to figure out the context, since I haven’t been following this day to day, and by the end of it I wind up shaking my head. Dammit, man, I don’t want to dive into that swamp to figure this crap out!

  6. Bill Schmalfeldt won’t be happy until he’s been sued into oblivion and/or sent to jail. Maybe he believes he is doing heroic work. In reality he is ruining what is left of his life.

      • Hmm… He’s really worked himself into a pickle. Maybe a group of good people could set up a contribution fund to help Bill and his wife, to help them in these late years that have become so exacting. Something like what was done by the friends of Mandy Nagy. Maybe Bill has some friends that would do that for him. Maybe Neal could set up a website, and Brett could make the first contribution, followed by all the other friends that Bill has.

        Or maybe Bill could make a new start by apologizing or making amends for all of the vicious words and acts he’s said and done. He could start with that woman in Wisconsin, whom he threatened with the loss of her children.

        Nah… he could never do that. Journalism, ya know.

  7. chuckle from the past

    Hey, if the Defamatory Five and their lickspittles wanna concentrate on ME rather than prepare their defenses, more power to them!— Bill Schmalfeldt (@BalmerLiberal) September 12, 2013

    wasn’t he referring to the state rico case here, you know the one that was FINALLY settled the other month where NO ONE had to offer a defense for due to the Judge ruling “There’s not one scintilla of evidence in this case that the statements that were made by these individuals were false.” and dismissing the case by directed verdict??

    Looks like Twinkie was backing backing a loser as usual.


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