[Congressional Record Volume 162, Number 114 (Thursday, July 14, 2016)]
[Senate]
[Pages S5174-S5175]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    SENATE RESOLUTION 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''

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

                              S. Res. 542

       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

[[Page S5175]]

     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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