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Trademark Act §1120 Liability for Fraudulent Registration

• If a trademark registration is obtained fraudulently, injured parties have a cause of action for recovery of their resulting damages.

Trademark Act §1122 Sovereign Immunity

• The United States and the states were deemed under this Section to have waived sovereign immunity and to have been made subject to all statutory remedies with respect to claims based on violations of the Trademark Act.
  • In College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board, 119 S.Ct. 2219 (1999), the Supreme Court found this federal statutory waiver to be an impermissible intrusion on the states' rights under the Eleventh Amendment to the U.S. Constitution.

Trademark Act §1124 Importation of Infringing Marks or Materials

• Importation of goods with infringing trademarks or false designations of place of origin is prohibited.
  • Holders of protected rights in marks may file their marks with the Department of Treasury for distribution to customs officials in order to prevent such importation.

Nothing in this site is intended in any way to constitute legal advice or to create an attorney-client relationship. The author, Jay M. Tyndall, shall not be liable for any damages of any type, whether actual or consequential, which may arise from the use or reliance of any reader on the content of this site or any site to which it links. No guarantee or assurance is made that any information transmitted to or via any unsecure portion of this site will remain confidential.