[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

_______________________________________________________________________

                               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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