[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 323 Agreed to Senate (ATS)]
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117th CONGRESS
1st Session
S. RES. 323
Recognizing the 75th anniversary and the importance of the Lanham Act
by designating the month of July as ``National Anti-Counterfeiting and
Consumer Education and Awareness Month''.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2021
Mr. Grassley (for himself, Mr. Coons, Mr. Tillis, Mr. Durbin, and Mr.
Leahy) submitted the following resolution; which was considered and
agreed to
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RESOLUTION
Recognizing the 75th anniversary and the importance of the Lanham Act
by designating the month of July as ``National Anti-Counterfeiting and
Consumer Education and Awareness Month''.
Whereas July 5, 2021, marks the 75th anniversary of the signing of the Act
entitled ``An Act to provide for the registration and protection of
trademarks used in commerce, to carry out the provisions of certain
international conventions, and for other purposes'', approved July 5,
1946 (commonly known as the ``Lanham Act'' or the ``Trademark Act of
1946'') (15 U.S.C. 1051 et seq.) by President Harry S. Truman;
Whereas the Lanham Act provided the foundation for modern Federal trademark
protection, creating legal rights and remedies for brand owners
suffering from trademark infringement, helping consumers make informed
choices by reducing confusingly similar products, and making the
marketplace more fair, competitive, and safe for all;
Whereas the Lanham Act was named for the primary sponsor, Representative Fritz
Lanham of Texas, who recognized a need to ``protect legitimate business
and the consumers of the country'' and created a uniform Federal
framework to protect the trademarks of businesses, including logos,
words, phrases, names, packaging, scents, shapes, and colors;
Whereas the Lanham Act has enabled the United States Patent and Trademark Office
to administer a strong and effective Federal trademark registration
system that helps trademark and brand owners safeguard their
investments, while protecting consumers from confusion and deception in
the marketplace and in commerce;
Whereas the Lanham Act has been cited by the United States Supreme Court in more
than 50 decisions and by Federal and State courts across the United
States in more than 54,000 decisions;
Whereas, in 2019, approximately 58,200,000 trademarks were in force around the
world;
Whereas an estimated 9,200,000 trademark registrations recorded worldwide in
2019 alone, an 18.9 percent increase on the previous year's total;
Whereas the Lanham Act has provided more than 7 decades of protection for the
consumers and industries of the United States, which is of growing
importance given the explosion of counterfeiting activity associated
with the growth of both global commerce and electronic commerce
(commonly referred to as ``e-commerce'');
Whereas counterfeit products undermine laws, including the Lanham Act, that
serve to safeguard consumers and brand owners against deceptive products
in the marketplace and create profits for organized crime gangs at the
expense of companies and governments;
Whereas counterfeiters use deceptive practices to entice consumers to purchase
counterfeit goods;
Whereas the deceptive tactics of counterfeiters and their counterfeit products
pose actual and potential harm to the health and safety of United States
citizens, especially the most vulnerable consumers in society, such as
senior citizens and children;
Whereas counterfeit products threaten the United States economy and job
creation, given that intellectual property is a key value generator, is
an enabler of success in competitive markets, and promotes innovation
and drives sustained economic growth;
Whereas, according to a report issued on April 18, 2021, by the Organization for
Economic Cooperation and Development, as of 2019 the manufacturing,
trade, and consumption of counterfeit products is on the rise and trade
in counterfeit products accounts for 3.3 percent of global trade, or
approximately $500,000,000,000;
Whereas brand owners, including corporations and medium-sized and small
businesses, collectively spend billions of dollars annually to remove
counterfeit products from the marketplace, including the online
marketplace, in an effort to safeguard consumers from counterfeit
products and protect the innovation, reputation, and goodwill invested
in their trademarked products and services;
Whereas there is a need to support the efforts of the Intellectual Property
Enforcement Coordinator and the National Intellectual Property Rights
Coordination Center to minimize counterfeit activity and educate
consumers about the illegal activities that consumer money might support
when consumers knowingly or unknowingly purchase counterfeit products;
Whereas U.S. Customs and Border Protection is experiencing an unprecedented
volume of counterfeit products being imported into domestic commerce,
primarily through the use of e-commerce and delivery in small packages;
Whereas the Congressional Trademark Caucus is actively working to raise
awareness of the value of trademarks and the impact of trademarks on the
national and State economies, as well as the threat posed by counterfeit
products in undermining the safeguards that trademark protections
provide for consumers and brand owners alike;
Whereas many governmental and nongovernmental entities, including Federal
enforcement agencies, the National Intellectual Property Rights
Coordination Center, State enforcement agencies, and consumer groups,
share responsibility for, and dedicate substantial resources towards,
educating the people of the United States about the potential harms that
can arise from counterfeit products in the marketplace; and
Whereas recognition and commemoration of the 75th anniversary of the signing of
the Lanham Act serves as a means of educating the people of the United
States about the importance of further raising awareness of the dangers
counterfeit products pose to consumer health and safety: Now, therefore,
be it
Resolved, That the Senate--
(1) recognizes the 75th anniversary of the signing of the
Act entitled ``An Act to provide for the registration and
protection of trademarks used in commerce, to carry out the
provisions of certain international conventions, and for other
purposes'', approved July 5, 1946 (commonly known as the
``Lanham Act'' or the ``Trademark Act of 1946'') (15 U.S.C.
1051 et seq.) by President Harry S. Truman;
(2) designates the month of July 2021 as ``National Anti-
Counterfeiting and Consumer Education and Awareness Month'';
(3) supports the goals and ideals of National Anti-
Counterfeiting and Consumer Education and Awareness Month to
educate the public and raise public awareness about the actual
and potential dangers counterfeit products pose to consumer
health and safety;
(4) affirms the continuing importance and need for
comprehensive Federal, State, and private sector-supported
education and awareness efforts designed to equip the consumers
of the United States with the information and tools they need
to safeguard against illegal counterfeit products in
traditional commerce, internet commerce, and other electronic
commerce platforms;
(5) encourages the people of the United States to observe
and celebrate the 75th anniversary of the signing of the Lanham
Act with appropriate anti-counterfeiting education and
awareness activities; and
(6) recognizes and reaffirms the commitment of the United
States to combating counterfeiting by promoting awareness about
the actual and potential harm of counterfeiting to consumers
and brand owners and by promoting new education programs and
campaigns designed to reduce the supply of, and demand for,
counterfeit products.
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