Federal Landham Law and California Trade Secret - Essay Example

The Federal Lanham Law has been able to deal with critical societal issues and thus making it a relevant act. For instance, it helps to curb contravention of unregistered brand names, service marks, phony advertisements, product disparagement and trade dress. Most importantly, this act has turned to be the standard medium for assertions of violation of trade dress not that are not registered in the form of both products and services. As a result, the state courts are apparently formulating rules and tapering requirements so as to put frontiers on assertions of trade dress breach (Miller 83).

This act clearly depicts criticisms as to what makes up trademark infringement, resultant court decisions. Though, brand names particularly those that involve the internet, there seem to be some sort of laxity. Principally the Lanham law has, civil and criminal requirements for desecrations of their particular provisions, it also offers civil remedies in the event of exclusive rights infringement (Belmas 67). Federal Lanham Law also verifies the civil remedies in cases where an action of intrusion has been brought forward by the ultimate owner.

If the central government chooses to impeach organizations or individuals for any of the above violations, the detention terms are clearly set forth in the Lanham’s law and it explicitly describes the offense and also it discerns the criminal fine to be paid in cash. On the other hand, there have been continuous arguments about this law. The question of whether this law has really brought constructive development especially in the field of intellectual assets, is still leaving a lot of uncertainty.

It does not seem to resolve the conflict of consumer confusion and unfair competition. It appears more as a gratuitous expansion of restricted rights, diminishing the store of existing designs and symbols that are essential for the sort of liberated competition that should be of benefit to the welfare of the consumer. Critics view this act as a bad idea with the intention of hurting intellectual property. Nevertheless; others acclaim it as a suitable and very grand weapon in the endless fight against advertising and sales strategies that are a basis of consumer confusion and fraud.

In conclusion, this is one of the preeminent acts that have ever been adopted as it entirely protects persons against the high rates of fraud (Belmas 122). California is among the states that have taken up this trade secret act. The California trade secret commonly known as (CUTSA) was agreed to with the aim of promoting, rewarding innovations and technological advancement and to sustain commercial ethics. The endorsement of CUTSA gave a platform of unitary descriptions of trade secret misuse.

CUTSA, overtly states that it does not prevent assertions based upon violation of contract, unlawful remedies, or other allegations that do not have their basis on trade secret. Just like the other trade secret laws, this act primarily forbids misuse of trade secrets. In addition, this law also compels criminal penalties in cases where trade secrets are stolen. Misuse of these operational secrets comprises theft, corruption, falsification, infringement or enticement of a violation of an obligation to keep secrecy, or surveillance through electronic or any other means.

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