[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 542 Agreed to Senate (ATS)]

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114th CONGRESS
  2d Session
S. RES. 542

 Recognizing the 70th anniversary and the importance of the Lanham Act 
  by designating July 2016 as ``National Anti-Counterfeiting Consumer 
                    Education and Awareness Month''.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2016

   Mr. Grassley (for himself and Mr. Coons) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION


 
 Recognizing the 70th anniversary and the importance of the Lanham Act 
  by designating July 2016 as ``National Anti-Counterfeiting Consumer 
                    Education and Awareness Month''.

Whereas July 5, 2016, marks the 70th anniversary of the signing of the Act of 
        July 5, 1946 (60 Stat. 427, ch. 540; 15 U.S.C. 1051 et seq.) (commonly 
        referred to as the ``Trademark Act of 1946'' or the ``Lanham Act'') by 
        President Harry S. Truman;
Whereas the Lanham Act provided the foundation for modern Federal trademark 
        protection, creating remedies for brand owners suffering from trademark 
        infringement and helping consumers by reducing confusingly similar 
        products in the marketplace;
Whereas the Lanham Act was named for Representative Fritz Lanham of Texas, the 
        primary sponsor of the Act, who recognized that the uniformity provided 
        by the establishment of a Federal trademark law was necessary to create 
        a nationwide framework for the protection of 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 protect consumers from 
        confusion and deception in the marketplace and in commerce;
Whereas Representative Lanham stated that a clear purpose of the Lanham Act was 
        to ``protect legitimate business and the consumers of the country'';
Whereas in 2012, approximately 24,000,000 trademarks were in force around the 
        world;
Whereas the Lanham Act has provided 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;
Whereas counterfeiters use deceptive practices to entice consumers to purchase 
        counterfeit goods including--

    (1) personal care products, including toothpaste, shampoo, laundry 
detergents, soaps, and cosmetics;

    (2) toys;

    (3) automotive parts;

    (4) military equipment;

    (5) foods;

    (6) medicines and pharmaceuticals;

    (7) petroleum products, including motor and engine oil;

    (8) computer chips;

    (9) agricultural pesticides and seeds; and

    (10) apparel, footwear, and accessories;

Whereas counterfeit products pose actual and potential harm to the consumers of 
        the United States, especially the most vulnerable consumers in society, 
        such as senior citizens, children, and individuals who might fall prey 
        to the deceptive tactics of counterfeiters;
Whereas counterfeit products threaten the economy of the United States and job 
        creation in the United States, given that intellectual property is a 
        cornerstone of the economy;
Whereas, according to a report issued on April 18, 2016, by the Organization for 
        Economic Cooperation and Development, the manufacturing, trade, and 
        consumption of counterfeit products is on the rise and trade in 
        counterfeit products continues to increase, escalating from 
        approximately $250,000,000,000 in 2008 to as much as $461,000,000,000 in 
        2013;
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 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;
Whereas, over time, counterfeiting contributes to the steady erosion of the 
        reputation of brand owners and the trustworthiness and goodwill such 
        owners establish with consumers to provide reliable and safe products;
Whereas the Congressional Trademark Caucus is actively working to raise 
        awareness of the value of trademarks and the impact of trademarks on 
        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 non-governmental 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 70th 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 70th anniversary of the signing of the 
        Act of July 5, 1946 (60 Stat. 427, ch. 540; 15 U.S.C. 1051 et 
        seq.) (commonly referred to as the ``Trademark Act of 1946'' or 
        the ``Lanham Act'') by President Harry S. Truman;
            (2) designates July 2016 as ``National Anti-Counterfeiting 
        Consumer Education and Awareness Month'';
            (3) supports the goals and ideals of National Anti-
        Counterfeiting 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 70th 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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